Snapshots from Commercial Property – February

In this special feature, our commercial property team provide snapshots of the latest commercial property law news throughout February.

Rent suspension – burden of proof lies with the tenant

The case of Chana v CC Properties (Yorkshire) Ltd [2021] serves as a reminder that it is up to the tenant to show that the circumstances in which a rent suspension clause operates apply. The tenant, in this case, alleged that rent was not payable under the rent suspension clause of its lease owing to roof damage causing water ingress. The tenant referred the matter to arbitration where it was held that the obligation to pay rent was not suspended because the tenant has not provided sufficient evidence to show the leaks existed.

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