What’s Changed and What Are my Rights as a Landlord or Tenant of Commercial Property in Wales?

April 5, 2022

 

By Siôn Fôn

Our recent article (link) discussed the replacement of the general moratorium on forfeiture of commercial leases in England with the Commercial Rent (Coronavirus) Act 2022 (“the Act”), which once again permits landlords to commence forfeiture proceedings in certain circumstances and is intended to promote the amicable resolution of disputes regarding lockdown related arrears via a new arbitration process.

However, it is important to note that the position differs in Wales, where tenants of commercial premises will continue to benefit from the general moratorium on forfeiture for a further six months under the Coronavirus Act 2020 (Alteration of Expiry Date) (Wales) Regulations 2022. The development of devolution has meant that there has been a slow and steady shift in residential housing law between England and Wales and it is not always the case of ‘for Wales, see England’ . However, this is the first time that we are aware that there is a stark difference between the remedies available to commercial landlords of property based in Wales despite the shared ‘law of England and Wales’. If this trend continues and the laws between the two nations start differing dramatically, calls for a separate legal jurisdiction will likely increase.

Whilst the Act will have the same effect in Wales as it currently does in England from 25 September 2022, meaning landlords of commercial premises in Wales may once again commence forfeiture proceedings in limited circumstances (that is, for non-protected arrears) –  it is interesting to note that the options available to commercial landlords will be different depending on which side of the border the property is located.

If you are a landlord or a tenant of commercial premises in England and require advice on your rights and obligations, please get in touch with Siôn Fôn now on 029 2082 9107 for an initial free, no obligation chat.

 

 

 

Contact Our Team
Catherine Burke
Partner
View Profile
Damian Phillips
Partner
View Profile
Fflur Jones
Managing Partner
View Profile
Gareth Wedge
Partner
View Profile
Mark Rostron
Partner
View Profile
Nick O’Sullivan
Partner
View Profile
Owen John
Partner
View Profile
Rhodri Lewis
Partner
View Profile
Stephen Thompson
Partner
View Profile

I have worked with Darwin Gray for a number of years and the level of service, professionalism and timely response is second to none. I would highly recommend Darwin Gray to any business.”

Becs Beslee, Dice FM Ltd

Darwin Gray have provided us with a first-class service for many years now. They really take the time to understand our business and develop relationships which results in advice and support that is contextualised and effective.”

Rebecca Cooper, ACT Training

We have worked with Darwin Gray for several years and have always found their services and advice to be first class.”

Karen Gale, Stepping Stones Group

An extremely professional and sincere company who make time for your queries and understand the need to break down certain facts and information to ensure everything is understood perfectly. I would highly recommend the company to anyone looking for any type of legal advice”

Gwawr Booth, Portal Training Ltd

PSS has worked with Darwin Gray for many years. We have always received an excellent service. Prompt and professional advice and support.”

Ledia Shabani, Property Support Services UK Ltd

We have used several departments within DG recently and we have been very pleased with an effective, efficient and down to earth service. Very happy thus far and I expect that we will continue to use DG.”

Guto Bebb, Farmers’ Union of Wales

Darwin Gray offer us truly superb services. Very professional, quick and services available bilingually which is very important to us, highly recommend.”

Iwan Hywel, Mentrau Iaith Cymru

My “go to” in urgent and time sensitive cases for direction, support and advice. The team are quick to respond to calls or emails for advice and support on all matters. Always explain complex matters in a way a lay person can easily understand.”

Margot Adams, Guarding UK Ltd