The Canada Emergency Commercial Rent Assistance (“CECRA“) program expired on January 31, 2021,1 and the moratorium on eviction and distress rights of landlords against commercial tenants under the program along with it. However, the Canada Emergency Rent Subsidy (“CERS“) program, enacted under Bill 229 on December 17, 2020, O Reg 763/202 also includes such a moratorium. A summary of CERS and the current moratorium is contained below:
Non-domestic rates, also called business rates, are taxes paid on non-domestic properties to help pay for local council services. Non-domestic rates are based on the Rateable Value of a Premises. The Rateable Value is determined by the Scottish Assessors, who are an independent body.
Each year in the budget the Scottish Government sets the tax rate along with any reliefs that may be available. Read more…
Everyone and every sector has been impacted by COVID-19 and the property market has been no exception. Whilst in the first lockdown which started on 23 March 2020, the property market stopped, that has not been the case in this second lockdown that we are all currently facing.
Unlike the first lockdown, the property market is still moving, the Registers of Scotland have kept the application register open for registering new title and interest in property in the Land Register and so transactions can still complete. Read more…
It will come as no surprise to hear that a large number of commercial landlords are becoming increasingly concerned about accruing or ongoing arears which have arisen (or been exacerbated) by tenants struggling in the current commercial climate.
The government has introduced legislation which has an impact on this [The Coronavirus (Scotland) Act 2020 (“the Coronavirus Act”)] and have also released some guidelines seeking to address and recognise the inevitable conflict that has arisen between landlords and tenants [The Code of Practice for Landlords and Tenants of Commercial Property (“the Code”)]. The requirements of the Act are mandatory, whereas the Code is advisory. Read more…
For many businesses and sectors, 30th September 2020 was supposed to be the end date of the plethora of legislative changes brought into force by the Coronavirus (Scotland) Act 2020. However, as a result of secondary legislation, the Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2020, means the expiry date of 30th September has been extended to 31st March 2021.
For commercial landlords, this means the continuation of a 14 week minimum notice period before being able to evict tenants for non-payment of rent or other sums due. Previously, the minimum notice period was 14 days. So what does this mean for businesses operating as landlords? Read the full blog.
October 6, 2020 — Since October 1, Greater Montreal, Québec City and several parts of Quebec are plunged into the “red zone”. This represents the highest alert level for COVID-19 and came with several accompanying restrictions. Unlike in March, when the provincial lockdown was imposed uniformly across most sectors of society, this lockdown features a series of unique rules depending on economic sector and housing arrangements.
‘Unprecedented’ is surely the word of choice this year. In a matter of months, coronavirus has redefined the way we work, live and interact with one another. The various restrictions imposed to try and reduce the spread have profoundly impacted the global economy and things are almost certain to get worse before they improve. In the midst of all of this, there is, however, some cause for optimism in the residential property market in Scotland where there has been a sharp rise in house prices with few properties staying on the market for long before successful sales are achieved. Read more…
By Sydney Warshaw, from our Business Law Practice Group
August 7, 2020 — A series of recent Superior Court decisions demonstrate that participation in the federal government’s financial relief programs to help tenants and landlords in the wake of COVID-19 may not be as discretionary as landlords initially thought.
On July 21, 2020, Governor Charlie Baker extended the current moratorium on evictions and foreclosures during the COVID-19 pandemic for an additional sixty (60) days, until October 17, 2020. That moratorium was set in “An Act Providing for a Moratorium on Evictions and Foreclosures During the COVID-19 Emergency” (the Act), signed into law on April 20, 2020, and was due to expire August 18, 2020. The Act provided the Governor with the authority to postpone the expiration date in increments up to 90 days.
Judgment: Ramanand & Ors. Vs. Dr. Girish Soni & Anr. [CM APPL. 10847/2020]
Forum: Hon’ble High Court of Delhi (“DHC”)
Judgment delivered on: May 21, 2020
Act/Law: Indian Contract Act, 1872 (“ICA”) and Transfer of Property Act, 1882 (“TPA”)