Loader
tr

Impacts of Covid-19 Pandemic on Rental Law: Developments in the World

Impacts of Covid-19 Pandemic on Rental Law: Developments in the World

A myriad of discussions was raised around the globe as to what extent the Covid-19 outbreak, which was declared a pandemic by the World Health Organization [“WHO”] on March 11, 2020, was going to affect the performance of private law contracts.

Considerations about rental law, which will form a considerable amount of the disputes, are centered around the various legal instruments that could be utilized for the reinstatement of the disrupted balance of interests, as well as the termination/liquidation of contractual relationships. While some jurists discuss the possible solutions relating to pandemic-affected lease contracts within the provisions of impossibility, others argue that these matters fall either under hardship or defect/default[1].

Theoretical discussions aside, the significant ramifications of the outbreak have left many of governments around the globe, including the Turkish government, with no other choice but to intervene in these contracts [“legislative intervention”].

The Turkish government intervened on lease contracts through Law No. 7226 with the intention of mitigating the effects of the pandemic. [2]  Provisional Article 2 of the Law No. 7226 stipulates that;  from March 1st to June 30, 2020, non-payment of rents would not constitute a legitimate cause for termination of a lease contract, nor for the eviction of the lessee in terms of leased workplaces.

With the above-mentioned regulation, the lessor’s right to terminate the contract and evict the lessee due to failure of rental payment accrued for the 3-month period, was thereby prohibited. Therefore, although the obligation to pay rent still remains, the lessor can no longer terminate the contract and evict the lessee. This regulation does not prevent lessees from going into default, and rather, -in simple words- poses a freeze on the lessor’s right to take legal action. Even this situation itself would be sufficient to set forth the future debates pertaining to rental law.

Regulations seeking to mitigate the consequences of the pandemic, along with legal discussions on rental law are not limited to our country. Similar discussions can be observed in many countries, and regulations have been made. Needless to say, cross-border legal status quos have been differentiating in line with the relevant judicial systems. Nevertheless, as the pandemic proved to be a collective tragedy of humankind, there has been a need for -mostly-similar interventions in order to preserve the contractual balance of interests. This situation constitutes an even more solid reason to follow cross-border discussions and legal safeguards.

Following our first article[3] on the subject, it would be appropriate to project the latest situations and also summarize the debates and legal measures occurring in certain countries, Thus, this article aims to examine developments in rental law in various countries including the U.K, France, Germany, Australia, Switzerland, Spain and Czech Republic.

I. United Kingdom

  1. Within the scope of the Coronavirus Act 2020[4] which came into force in England, a differentiation has been made on measures regarding workplace and residential lease agreements, and these measures were stipulated under the title of “protection from eviction”.
  2. Accordingly, with all exceptions recognized in the Coronavirus Act 2020, all legal periods regarding eviction notices were extended for 3-months, up to September 30, 2020, and therefore residential lessees were safeguarded from being subject to eviction[5].
  3. Regarding workplace leases, a slightly different regulation has been pursued and it was provided that no workplace eviction for non-payment can be requested until September 30, 2020.
  4. Pursuant to the foregoing regulation, in terms of both residential and workplace lease agreements, the lessee will continue to be the debtor of interest payment derived from the unpaid lease payment, due to her/his obligation to pay the lease for the relevant period.
  5. Differing from the Law No. 7226, the foregoing regulation in the UK has not prohibited the lessor’s right to evict but rather has postponed it. After the postponement period, the lessor will be allowed to initiate legislative action and seek eviction. For this reason, it is advised for lessees to conceive a plan on how they will reimburse the rent payable along with the interest incurred[6].
  6. The foregoing regulation, unlike Law No. 7226 entered into force in Turkey, does not pose a limitation against the lessee regarding the use of legal rights arising from non-payment. With the foregoing regulation, lessors can pursue remedies to obtain rent payable up to September 30, 2020, yet, especially considering the classification of residential lessors within the scope of English Rental Law, will have to postpone the debt collecting period.
  7. The Coronavirus Act 2020 restricts the lessor from exercising his/her right to evict for a limited period of time and solely on the grounds of non-payment. Hence, evicting the lessee from the leased premise is possible due to other legitimate causes of eviction.
  8. Apart from the Coronavirus Act 2020, in UK law, theoretical discussions are mainly focused on contractual force majeure and frustration doctrine, which is the theoretical basis of adaptation of the contract and it is stated that Covid-19 pandemic in general does not eliminate the lessee’s obligation to pay rent and does not constitute a valid reason for termination of the lease contract. It is also noted that there is no jurisprudence where the frustration doctrine has been applied within the scope of UK rental law. Furthermore, given that it is rare for lease agreements to contain force majeure provisions, it is argued that the obligation of the lessee to pay rent will continue when a non-payment clause is not present in the contract[7].
  9. On May 10, 2020, Prime Minister of the United Kingdom announced that, as a result of the Covid-19 outbreak, new measures were taken in order to gradually ease the restrictions and help restore the economy of the UK.
  10. Subsequently, with the governmental announcement dated August 21, 2020, the eviction ban was extended for 4 more weeks regarding residential lease agreements and therefore the total span of the eviction ban has increased to 6 months. By the same regulation, it was also introduced that the notice period which had been extended to 3 months in the first place, was also increased to 6 months, and it was stated that this 6-month notice period would be in place up until March 31, 2021.[8]
  11. On the other hand, on December 9, 2020, regarding workplace lease agreements, the regulation on eviction ban in cases of non-payment envisaged to end on December 31, 2020, has been extended to March 31, 2021. [9]

II. France

  1. Through the Emergency Act No. 2020-290 dated March 23, 2020[10], the French government declared a state of health emergency allowing the government to take certain temporary measures directly without having to resort to the parliament.[11]
  2. Although, the state of health emergency was declared for a span of two months, commencing on March 24, 2020, this two-month period may be extended via legal arrangements. [12]
  3. With the foregoing regulation, a special arrangement was made on lease agreements made by small scale enterprises that are considered to fall into the scope of the solidarity fund. Pursuantly, lessors will be incapable of enforcing automatic termination clauses, and/or requesting invoice penalties, late payment interest, or any other financial penalties within the 2 months subsequent to the end of the state of health emergency. In addition, the lessor would not be able to call upon 3rd party warranters such as guarantors or bailsmen.[13]
  4. Some jurists argue that force majeure provisions apply to all leases including contractually waived or altered ones by the parties under Article 1218 of French Civil Code, apart from those in which force majeure provisions are stipulated.[14] Accordingly, it is also stated that Covid-19 outbreak, which is an unprecedented situation, can be considered unforeseeable.[15].
  5. In its ruling dated July 10, 2020, the Paris Court stated that the lessee could not rely on the pertinent decree [Article 4 of Decree 2020-316] claiming that Covid-19 itself constitutes an adequate cause for non-payment since the lessee's duty to pay rent persists [as per good faith principle]. Rather, the lessor's right to pursue legal remedies in the event of non-payment has been rendered inoperable within the scope of the foregoing decree.[16]
  6. On the other hand, in its ruling dated November 5, 2020, Grenoble Court of Appeal decided on the continuation of the obligation to provide premises by the lessor and dismissed the claim on mandatory closure measures constituting a force majeure event.[17] However, this decision received a lot of criticism from jurists as it considerably restricts the scope of the foregoing decree.
  7. The state of health emergency, declared for a period of two months on March 24, 2020, was extended until June 1st, 2021. The French government is authorized to take all kinds of measures, by means of decrees, in order to alleviate the distressing results the pandemic has inflicted on economy, to completely suspend payments in commercial lease contracts or to extend them over time, to waive and postpone the penalties that will be imposed in cases of non-payment.[18]
  8. In addition, the “winter truce” which is a period where evictions are illegal [exceptions aside] every year between November 1st and March 31, has been extended this year until July 10, 2021 due to Covid-19.[19]

III. Germany

  1. The regulation called “The Act on Mitigating the Consequences of the COVID-19 Pandemic Under Germany’s Civil, Insolvency and Criminal Procedure Law” of March 27, 2020 was first ratified by German Federal Parliament [Bundestag] on 25 March 25, 2020, subsequently, on March 27, 2020 by Federal Council [Bundesrat] and thereby entered into force.[20][21]
  2. As per the foregoing legislation, if the lessee fails to pay the rent payable under real estate leases or usufruct leases in the period between 1 April and 30 June 2020 and provides credible evidence [glaubhaft machen] that non-performance of the rent payable is due to the Coronavirus, he/she would not be subject to eviction and/or termination of the lease agreement.[22]
  3. The right of termination due to the failure of payment of rent on the aforementioned three-month period has been suspended until June 30, 2022. Therefore, the unpaid rent in April, May and / or June 2020 must be paid by the date of June 30, 2022.[23]
  4. The foregoing provision is compulsory, the parties cannot decide otherwise.
  5. Federal government is entitled to issue a decree in order to prolong the said date to September 30, 2020.
  6. Since the lessee’s obligation to pay rent for the relevant period will continue, so will her/his obligation to pay interest concerning the rent payable.[24]. In the German practice, some also suggested that it would be commercially more reasonable for lessees to finance their payments through loans.
  7. Aforementioned regulation does not stipulate any limitation on the causes of eviction provided for lessors other than defaulted rent payable.
  8. The annotation of the Covid-19 Law addresses that compulsory closure of the leased premises as per the statutory/administrative order, constitutes a legitimate cause, and in this sense, the impact of shut down on hotels and restaurants should be taken into account.[26]
  9. From a theoretical standpoint, Article 313 of the German Civil Code [“BGB”], titled “Interference with the basis of the transaction”, is deemed applicable to the workplace leases affected by Covid-19, in this respect, the lease contract may be adapted to the changing circumstances through judicial intervention or the lessee may revoke the contract.[It is specified that due to the continuous performance within the lease agreements, the right to terminate takes the place of the right to revoke.] This provision is one of the sources of Article 138 of the Turkish Code of Obligation No. 6098 titled hardship. Therefore, it could be argued that -except legislative intervention- legal debates under the Turkish and German judicial systems are developing on a similar basis.
  10. Within the framework of the rules set forth by the “Act to Mitigate the Consequences of the COVID-19 Pandemic", entered into force on March 24, the lessee does not bear any statutory right to demand reduction on rent payable due to potential loss of profit. This matter is explained by the principle that risk should be on the lessee in cases of profitable use of the leased premise. There are court decisions reinforcing this argument that construe the lessee’s statutory rights narrowly. [27]
  11. The German Chancellor and the heads of the German Federal States have agreed on a series of new measures to reduce the effects of the COVID-19 outbreak. Accordingly, the measures taken within the scope of combating the outbreak are expected to significantly change the basis of the commercial lease agreements against the lessee party. In this way, lessees will be able to request adaptation of the contract from lessors.[28]

IV. Austria

  1. The Austrian Parliament has initially adopted the Federal Law on Temporary Measures to Prevent the Spread of Covid-19 on March 15, 2020. [Covid-19 Measures Act - BGBl I 12/2020].
  2. With the aforesaid act, an unincorporated “Covid-19 Crisis Management Fund” has been established and the Austrian Federal Minister of Finance has been authorized to establish and manage this fund.
  3. The purpose of the fund is providing financial resource to federal ministries, as per Article 77 of Austrian Federal Constitution, in order to take measures regarding to overcome the Covid-19 crisis in the most efficient way. The fund was granted 4 million Euros.
  4. According to the first version of the Covid-19 Measures Act published on March 15, 2020, the Fund will be able to apply to areas in matters related to the following areas:
  • Stabilizing health services,
  • Revitalizing the labor market,
  • Preserving public order and security,
  • Taking measures for the needs of educational institutions,
  • Measures to reduce income loss arising from the crisis,
  • Measures related to the 1950 Epidemic Act,
  • Measures to stimulate the economy.
  1. Regarding lease agreements, as in many countries, numerous legal discussions have been raised in Austria as well due to several matters such as economic struggles that may arise as a result of inability to pay/collect the rent payable and/or whether or not interest can be accrued on the rent payable during the closure of businesses. For instance, the prevailing opinion on this issue has been centered around the necessity of evaluating each specific event on a case-by-case basis, since there is not an explicit general regulation aiming to ease the economic distresses by financing these economic troubles within the scope of the list above.
  2. Covid 19 Measures Act published initially on March 15, 2020, has been amended four times, and subsequently the law accepted on April 8, 2020 by Austria Ministry of Justice is considered as an annex to the 4th version. Covid-19 Measures Act has put an end to the discussion regarding residential leases. As a part of the 4th Covid-19 Measures Act, the National and Federal Council has agreed on new measures regarding civil, criminal, and public procurement law.
  3. Accordingly, termination of lease agreements has been postponed until the end of June 2022 for the rent payables arising from residential rents covering the period from April 1st, 2020, to June 30, 2020. The aforementioned lease debts can only be claimed after December 31, 2020 with a default interest at a rate of up to 4% per annum. – Partial- unilateral withholding of the deposit is not possible until the end of 2020 for the repayment of these debts. These benefits would be applicable to all kinds of leased living areas, regardless of whether they are subject to the Rental Act [“MRG”]; however, they would not be applicable to workplace leases.
  4. In terms of residential lease agreements, the lessee and the lessor may agree to extend the lease by mutual agreement concluded in a written form up until December 31, 2020, or for a shorter time, in case of a definite term lease relationship and if this term ends after March 30, 2020 but before July 1st 2020. As an exception to this case, the minimum three-year period stipulated in Article 29 of the MRG will not apply to this extension. This specific regulation is applicable for all residential leases subject to MRG - although there is no time limit for leased apartments apart from MRG-.
  5. In terms of workplace rents, specific regulations were seemingly not made because of Article 1096 and 1104 of the Austrian Civil Code. As per art.1096, if the leased premise becomes unavailable to use at any time within the rental period without the lessee's fault, the lessee would be relieved from paying the interest arising from the rent payable during the period and of the extent of unavailability. Also, pursuant to the Austrian Civil Code Art.1104, if the leased property cannot be used or benefited due to extraordinary circumstances such as an epidemic, the lessor is not obliged to revert the lease to its former status but cannot claim interest due to the lease debt.
  6. Therefore, there is no specified regulation regarding workplace leases as the Austrian Civil Code allows for a reduction in the rent payable proportionate to the decline in the utilization of the leased premise. On the other hand, another point of discussion is whether a business manager who is deprived of its profit and/or fails to pay her/his rent under the Epidemic Act can make a request to the Austrian Federal Government within the scope of the Fund as per Covid-19 Measures Act.
  7. In fact, the parliament rejected an application with a claim of reimbursement. Consequently, considering the legal uncertainties, provisions of each contract must be assessed in order to take the necessary steps in order to protect the request.
  8. Pursuant to COVID-19 Justice Accompanying Act [2nd COVID-19-Justiz-Begleitgesetz, 2. COVID-19-JuBG], the lessor’s right to enforce evictions and terminate lease agreements on the grounds of default has been suspended until 30.06.2022.
  9. The due date for the lessee to compensate the rent payable has been postponed to 31.03.2021 as the application period of the relevant regulation regarding fixed-term residential lease agreements has been extended to the said date. Pursuantly, lessors cannot pursue debt collection proceedings for the overdue lease debt or take legislative action up until the foresaid date. Additionally, the applicable interest rate over the rent payable must be 4% from the date of default. [29] [30]

 

V. Australia

  1. Australia adopted the “National Cabinet Mandatory Code of Conduct: SME Commercial Leasing Principles during COVID-19.” [“Code of Conduct”] on April 7, 2020.[31]
  2. The purpose of this Code of Conduct is to provide relief to small and medium-sized enterprises [“SME”] financially struggling during the Covid-19 pandemic and that are commercial lessees including lessees of retail properties, office spaces and industrial properties.
  3. According to the code, both the lessee and the lessor are obliged to negotiate the lease agreement in good faith and in accordance with the Code of Conduct in order to improve the cash flow proportionately and temporarily change the provisions of the existing lease agreements.[32]
  4. Some of the rules set in the Code of Conduct are as follows:
    1. Lessors must not terminate lease due to non-payment of rent during the COVID-19 pandemic period [or within the reasonable subsequent recovery period].
    2. Lessees must remain committed to the terms of their lease, subject to any amendments to their rental agreement negotiated under this Code.
  • Lessors must offer lessees proportionate reductions in rent payable in the form of waivers and deferrals, based on the reduction in the lessee’s trade during the COVID-19 pandemic period and a subsequent reasonable recovery period.
  1. Rental waivers must constitute no less than 50% of the total reduction in rent payable. Lessees may waive the requirement for a 50% minimum waiver by agreement.
  2. Payment of rental deferrals by the lessee must be amortized over the balance of the lease term and for a period of no less than 24 months, whichever is the greater, unless otherwise agreed by the parties.
  3. No fees, interest or other charges should be applied with respect to rent waived in principles of conduct and no fees, charges nor punitive interest may be charged on deferrals in these principles.
  • Lessors must not draw on any 3rd party commitment for the non-payment of rent such as cash bond, bank guarantee, or any other type of security [personal guarantee etc.] during the period of the COVID-19 pandemic and/or a reasonable subsequent recovery period.
  • The lessee should be provided with an opportunity to extend its lease for an equivalent period of the rent waiver and/or deferral period, and thus, it would be possible for the lessee to trade during the recovery period after the COVID-19 pandemic concludes.
  1. Lessors must freeze rent increases for the duration of the COVID-19 pandemic and a reasonable subsequent recovery period.
  1. Where lessors and lessees cannot reach agreement on leasing arrangements arising from the COVID-19 pandemic, the matter will be resolved by the means of binding mediation.[33]
  2. On May 30, 2020, West Australia [“WA”] Code of Conduct was enacted.[34]
  3. Under the Australian Constitution, the Commonwealth Parliament is authorized to make laws only on certain matters. Accordingly, states retain legislative powers over regulations regarding lease agreements.
  4. Most of the leasing and general principles from the National Code were ultimately adopted in the WA Code of Conduct. While the WA Code of Conduct closely resembles the National Code, there are some differences:
    1. Unlike the National Code of Conduct, the WA Code of Conduct imposes an obligation of confidentiality on lessors and lessees. For example, the parties shall not share protected information including business processes or financial information.
    2. The WA Code of Conduct, unlike the National Code, deals with the situation where the lessor is also a lessee. If the lessor is a lessee under a lease and as the lessee, is provided rent relief under their lease, the lessor must pass on the benefit to the sub-lessee.
  • The WA Code of Conduct also sets out clear processes and timelines for lessors and lessees seeking rent relief. For example, a lessee seeking rent relief must put the request in writing to the lessor and provide information and evidence of the reduction in its business. Lessors must respond within 14 days of receiving such a request. This may have real effect on lessors.
  1. WA Code of Conduct is also applicable for small commercial leases.
  2. Such state-level regulation on the Covid-19 pandemic is commonly observed along with federal regulations in Australian states.[35].
  3. With the “Retail and Other Commercial Leases [COVID-19] Regulation [No 2] 2020”, entered into force on 24 September, the applicability of WA Code of Conduct was extended until December 31, 2020.[36]

VI. Switzerland

  1. Swiss Federal Council adopted the Covid-10 Leasing Regulation on March 27, 2020. [37]
  2. In accordance with the regulation, the lessee was granted a minimum 90 day postponement for the payment of rent or all other payable expenses incurred between April 13 and May 31, 2020.[38]
  3. Under the regulation, the postponement will only be valid if the unpaid debts are caused by the Federal Council's measures to combat the Covid-19 outbreak.
  4. After the postponement period, the lessor can terminate the lease contract with a 30-day notification period for residential and workplace leases, and without prior notification for all other leases as usual.
  5. In Switzerland, as with most of the world, many public facilities such as shops, restaurants, bars, museums, and parks have been closed due to the Covid-19 Regulation. For the lessees, this amounts to a serious loss of income. Regarding the measures taken by the Federal Council, no decision has yet been made by the Swiss courts on the aforementioned loss of income.
  6. There are two differing opinions on whether the obligation to pay rent persists or not. The first opinion argues that the debt to pay the rent has ceased to exist. According to this view, the obligation to pay the rental fee has ended as the leased property is no longer suitable for use under the contract.
  7. According to another opinion, due to the fact that the official closure of the business is within the lessee’s risk, it does not make the property faulty, and the obligation to pay the rent persists.
  8. It is also frequently recommended for lessees and lessors to agree on a temporary deduction or postponement of the rent in order to get the least damage from the negative outcomes of the Covid-19 outbreak.
  9. According to the opinion of the "Task Force" called Lease Law and Corona Virus, the main issue is to find solutions for the rent payments of workplace lessees who currently have no income. If these rents are not paid, property owners will have to carry all of the burden while they themselves also have to meet their financial obligations.
  10. This solution brought by the government distributes the burden between the parties and should be a subject of discussion within the scope of the law of obligations in terms of the distribution of rights and duties.

VII. Spain

  1. Royal Decree no 15/2020 dated April 21, 2020 entered into force after being published in the Official State Gazette dated April 22, 2020, on complementary urgent measures to support the economy and unemployment.[39]
  2. In Spanish law, Law No. 29/1994, Art.3, is the form stipulated for urban leases [for non-residential use] and industrial leases. Also, lease contracts are considered to be firmly correlated with the economic activity carried out by the lessee.
  3. The above-mentioned law stipulates the following in all leasing transactions except for large-scale lessees, companies and public housing entities:
    1. The lessor will be obliged to defer the debt [postponement of the lease debt or reduction unless the parties have reached an agreement on new terms]. No penalty or interest can be imposed for the said deferral. The postponement will be implemented ex officio and in no case can exceed four months.
    2. In terms of lease premises used for non-residential use [if the lessor is not a large-scale lessee, company, or public housing entity], provisional and extraordinary deferral in the payment of the lease may be adopted, on condition that postponement and/or reduction is agreed by the parties. Parties may agree on the partial or total payment of some of the monthly payments.
  4. The lessee is entitled to request the implementation of these measures within one month from the entry into force of the Royal Decree. However, she/he must submit a request with a sworn statement and prove that her/his economic activity has decreased or has ground to a halt with official documents from relevant institutions.
  5. With the foregoing regulation, it has been stipulated that the lessees who abuse these measures will be liable for the damages and expenses that may have incurred, regardless of the different sorts of responsibilities that may have arisen.
  6. As per a regulation adopted by the government, lessors in the hospitability sector who possess more than ten properties in urban areas in Spain and have not agreed on a provisional reduction on lease payment with their lessees, are required to set a 50% discount on lease payable until the conclusion of the national state of emergency.[40]
  7. Decree No. 34/2020 on commercial lease agreements affected by COVID-19 restrictions in Catalonia was ratified on October 20, 2020. The regulation covers commercial lease agreements concluded after January 1st, 1995. This decree expands the lessee's rights under lease agreements in the following situations: [i.] the suspension of the type of activity carried out in the leased premise due to the pandemic, [ii.] the limitation of the physical use of the leased property. In both these cases, the lessee may request the lessor to amend the contract in order to restore the balance of interest.[41]
  8. If the lessor and the lessee do not reach an agreement on new terms to be adapted to the contract within one month after the lessee's request, the lessee is entitled to a 50% reduction on rent payable [provided that the activity carried out in the leased premise has been suspended]. The lessee may also request for any prior payments that were made as guarantees other than the security deposit to be used in order to supply the due lease payments. However, the lessee is under the obligation to restore the relevant guarantees [i.] within one year as of the cessation of the restrictions on business activity, or [ii.] before the end of the term of the lease agreement, whichever is earlier.[42]
  9. Lessees, whose activities are affected for an aggregated term of more than three months within the period between October 22, 2020 and October 22, 2021, can terminate the contract without being charged with any penalty, on the condition that she/he served a prior written notice to the lessor within a notice period of one month.[43]

VIII.  The Czech Republic

  1. Ministry of Industry and Trade of The Czech Republic has drafted a program called “COVID-Rent” regarding lease agreements [44].
  2. Within the scope of the foregoing program, the lessor is prohibited from terminating the contract due to the lessee’s failure to pay her/his rent payable.
  3. The foregoing program is generally regarded as an additional safeguard that will have a significant impact on the lessee-lessor relations.
  4. The program aims to distribute the rental costs between lessees, lessors, and the state.
  5. With the foregoing regulation, reductions in lease payments will be granted for retailer outlets required to shut down due to government measures.
  6. Also, a system that distributes the expenses between the state, the lessor, and the lessee, with the parties respectively contributing 50%, 30% and 20% of the payment was implemented.
  7. In essence, the government will provide relief under certain conditions in addition to an agreement to be reached between the lessor and the lessee for a discount on the lease.
  8. After the "COVID-Rent" program drawn up by the Ministry of Industry and Trade, a second rent-support program concerning enterprises has been introduced, effective after October 22, 2020. [45]
  9. Any lessees whose businesses have been impacted by Covid-19 measures can benefit from the support program if the following conditions are met: prior to application, she/he must pay at least 50% of the rent payable incurred between the dates of 1 July and 30 September 2020, and the lease agreement must have been concluded and entered into force before July 1st, 2020. The state covers 50% of the rent payable between 1 July and 30 September in the new program, where, unlike the previous program, no rent discount from the lessors is granted.[46]

 

Endnotes

  1. Baysal, Başak; Uyanık, Murat; Yavuz, Selim, Koronavirüs 2019 [COVID-19] ve Sözleşmeler, LexperaBlog İstanbul, 2020; Yüce, Melek Bilgin, Koronavirüs Salgını Nedeniyle Hükümet Kararıyla Kapatılan İşyerlerinin Kira Sözleşmelerinin Akıbetinin Değerlendirilmesi, LexperaBlog, İstanbul, 2020; Tüzüner, Özlem, Yeni Tip Korona Virüsü [Covid-19] Salgınının Türk Borçlar Hukuku’na Bazı Etkileri, Türk Hukuk Sitesi, İstanbul, 2020; Makaracı Başak, Aslı/ Öktem Çevik, Seda/ Yörük, Işılay, Korona Virüsün İşyeri Kira Sözleşmelerine Etkisi, LexperaBlog, İstanbul, 2020; Özer, M. Tolga, KOVID-19 Salgınının İş Yeri Kiralarında Kiracının Kira Bedelini Ödeme Borcuna Etkisi, LexperaBlog, İstanbul, 2020; ↩︎
  2. https://www.resmigazete.gov.tr/eskiler/2020/03/20200326M1-1.htm ↩︎
  3. https://blog.lexpera.com.tr/covid-19-salgini-surecinde-kira-hukukuna-dair-dunyadaki-gelismeler/ ↩︎
  4. http://www.legislation.gov.uk/ukpga/2020/7/contents/enacted ↩︎
  5. https://www.mondaq.com/uk/lessor-lessee--leases/919628/covid-19-act-implications-for-lessors-and-lessees ↩︎
  6. https://www.mondaq.com/france/lessor-lessee--leases/914768/covid-19--emergency-temporary-measures-for-lessors-and-lessees-in-france ↩︎
  7. İngiliz hukukunda doctrine of frustration kurumu için bkz; Şentürk, Ekin, "İngiliz Hukukunda Sözleşmenin Yapıldığı Andaki Koşulların Değişmesi ve Frustration Teorisi", Prof. Dr. Mustafa Dural'a Armağan, İstanbul 2013, s.1123. https://www.mondaq.com/uk/Real-Estate-andConstruction/906822/Lessee-Advice-UK-And-COVID-19-Update-For-Lessees-On-Issues-Relating-ToCoronavirus. Ayrıca bkz. https://www.mondaq.com/germany/Employment-and-HR/906630/COVID-19- Coronavirus-Employer-FAQs ↩︎
  8. https://www.gov.uk/government/news/jenrick-extends-ban-on-evictions-and-notice-periods
  9. https://www.mondaq.com/uk/lessor-lessee--leases/1015578/commercial-property-evictions-ban-extended-until-march-2021
  10. https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000041746313&dateTexte=&categorieLien=id ↩︎
  11. https://gowlingwlg.com/en/insights-resources/articles/2020/emergency-measures-for-france-lessors-lessee/1 ↩︎
  12. https://www.mondaq.com/france/lessor-lessee--leases/914768/covid-19--emergency-temporary-measures-for-lessors-and-lessees-in-france ↩︎
  13. https://www.mondaq.com/france/lessor-lessee--leases/914768/covid-19--emergency-temporary-measures-for-lessors-and-lessees-in-france ↩︎
  14. Allen&Overy; Covid-19 Coronavirus: Real Estate and Covid-19 The questions we are being asked in France, 17.04.2020 ↩︎
  15. Allen&Overy; Covid-19 Coronavirus: Real Estate and Covid-19 The questions we are being asked in France, 17.04.2020 ↩︎
  16.  https://www.mondaq.com/france/lessor-lessee--leases/1010426/news-on-the-rent-front
  17. https://www.mondaq.com/france/lessor-lessee--leases/1010426/news-on-the-rent-front
  18. https://www.mondaq.com/france/operational-impacts-and-strategy/1020594/the-impact-of-covid-19-on-commercial-lease-agreements
  19. https://www.gide.com/en/news/covid-19-extension-of-the-winter-ban-on-lessee-evictions
  20. https://www.buzer.de/Wirtschaftsstabilisierungsfondsgesetz.html ↩︎
  21. https://www.gleisslutz.com/en/Effects_of_the_coronavirus_on_existing_lease_agreements.html ↩︎
  22. https://www.lathamgermany.de/2020/03/legal-update-covid-19-legal-implications-for-german-real-estate/ ↩︎
  23. https://www.lathamgermany.de/2020/03/legal-update-covid-19-legal-implications-for-german-real-estate/ ↩︎
  24. https://www.lathamgermany.de/2020/03/legal-update-covid-19-legal-implications-for-german-real-estate/ ↩︎
  25. https://www.lathamgermany.de/2020/03/legal-update-covid-19-legal-implications-for-german-real-estate/ ↩︎
  26. https://www.twobirds.com/en/news/articles/2020/germany/covid-19-and-the-legal-impacts-on-rental-law ↩︎
  27. https://www.lexology.com/library/detail.aspx?g=a07a3365-d0f8-4832-97a0-8e19a4ffa072
  28. https://www.lexology.com/library/detail.aspx?g=a07a3365-d0f8-4832-97a0-8e19a4ffa072
  29. https://www.thelocal.at/20201202/rent-delays-and-no-eviction-until-2022-austria-extends-coronavirus-protections-for-renters
  30. https://www.fwp.at/en/news/blog/covid-19-loss-or-reduction-of-rent-for-business-premises-due-to-covid-19
  31. https://www.pm.gov.au/sites/default/files/files/national-cabinet-mandatory-code-ofconduct-sme-commercial-leasing-principles.pdf ↩︎
  32. https://www.mondaq.com/Article/921406 ↩︎
  33. https://www.mondaq.com/Article/921406; https://www.mondaq.com/australia/lessor-lessee--leases/920634/i-lost-my-job-and-cannot-pay-my-rent-covid-19-creates-anxiety-for-lessees-and-lessors ↩︎
  34. https://www.mondaq.com/australia/lessor-lessee--leases/947822/new-certainty-for-rent-relief-negotiations-wa-commercial-tenancies-code-of-conduct-part-iii ↩︎
  35. https://www.mondaq.com/australia/lessor-lessee--leases/932456/covid-19-lessor-and-lessee-weekly-update ↩︎
  36. https://www.mondaq.com/australia/lessor-lessee--leases/1005192/extension-to-the-retail-and-commercial-tenancies-covid-19-regulations?type=mondaqai&score=71
  37. https://www.newsd.admin.ch/newsd/message/attachments/60771.pdf ↩︎
  38. https://www.mondaq.com/lessor-lessee--leases/920184/terra-incognita-en-droit-du-bail ↩︎
  39. https://www.mondaq.com/lessor-lessee--leases/930824/measures-for-the-different-use-of-leases-other-than-residence-as-a-consequence-of-covid-19 ↩︎
  40. https://www.usnews.com/news/world/articles/2020-12-22/spain-moves-to-slash-rents-for-struggling-bars-and-restaurants
  41. https://www.lexology.com/library/detail.aspx?g=515fc72f-1d20-4e01-ba84-dc2ba1247069
  42. https://www.lexology.com/library/detail.aspx?g=515fc72f-1d20-4e01-ba84-dc2ba1247069
  43. https://www.lexology.com/library/detail.aspx?g=515fc72f-1d20-4e01-ba84-dc2ba1247069
  44. https://www.mondaq.com/lessor-lessee--leases/941130/czech-republic-covid-rent-programme
  45. https://www.lexology.com/library/detail.aspx?g=31f7821f-0e99-4dcf-802b-80da2debb5d5&g=31f7821f-0e99-4dcf-802b-80da2debb5d5
  46. https://www.lexology.com/library/detail.aspx?g=31f7821f-0e99-4dcf-802b-80da2debb5d5&g=31f7821f-0e99-4dcf-802b-80da2debb5d5
Tarık Güleryüz
Latest posts
A Brief Assessment of Türkiye’s International Direct Investment Strategy August 02, 2024

A Brief Assessment of Türkiye’s International Direct Investment Strategy

Amendments to the Turkish Commercial Code June 03, 2024

Amendments to the Turkish Commercial Code
Changes in the Criteria for the Determination of Companies Subject to Independent Auditing May 15, 2024

Changes in the Criteria for the Determination of Companies Subject to Independent Auditing
Turkish Personal Data Protection Law is Becoming GDPR Compliant March 20, 2024

Turkish Personal Data Protection Law is Becoming GDPR Compliant
Environment and Climate Policies: Where Does Turkiye Stand?
March 08, 2024

Environment and Climate Policies: Where Does Turkiye Stand?
World Economic Forum Establishes AI Governance Alliance to Ensure Safety in the Use of Artificial Intelligence February 06, 2024

World Economic Forum Establishes AI Governance Alliance to Ensure Safety in the Use of Artificial In...