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PropertyWednesday 27 July 2022

Bank of New York Mellon v Cine-UK Limited & Picturehouse Cinemas Limited v London Trocadero (CA): Do commercial tenants have to pay rent while they were forced to close during the pandemic?

The Court of Appeal hatnded down judgement in Bank of New York Mellon v Cine-UK Limited & Picturehouse Cinemas Limited v London Trocadero (2015) LLP [2022] EWCA Civ 1021, dismissing the appeals, and confirming that rent is payable in full during the pandemic, despite Regulations forcing the premises to close, and despite a rent cesser clause providing that rent would be suspended if the premises were damaged by an insured risk, of which a pandemic was one. Ben Faulkner acted for the tenant in the second appeal, led by Jonathan Seitler KC.

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