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CMS Expert Guide to commercial rent payments

Case law overview

The COVID-19 pandemic led many tenants to re-negotiate their lease agreements, others in turn have stopped paying rent or paid a reduced amount.

After over a year of the pandemic bringing various business closures, government mandates and tenants failing to meet their lease obligations, we are starting to see some early case law relating to commercial tenants’ rent payment obligations in the context of the pandemic. Both landlords and tenants are very much interested in observing early litigation trends which may impact their future relationships. 

With this in mind, we have produced a guide which is intended to provide the reader with an overview of the recent case law related to commercial lease agreements in selected European jurisdictions. This comparative analysis is based on our current evaluation and may be subject to further updates and amendments. Please note that this guide relates to current case law. In certain jurisdictions there has also been separate government regulation impacting commercial leases (for example moratoria on enforcement action against a tenant for non-payment of rent). This is outside the scope of this guide.

We hope you find this helpful and please do not hesitate to contact us if you have any questions or comments or require any assistance in respect of any landlord or tenant issues you may be facing.