EG quotes Emma Preece on the Picturehouse and BNY Mellon rent arrears cases

The two most eagerly awaited rent arrears cases of recent years, Picturehouse and BNY Mellon are set to hit the Court of Appeal next week.

Emma Preece, Senior Associate, provides comment for EG:

“The case is being closely watched by landlords and tenants alike as the impact of the pandemic lives on in the commercial property sector. While the cases, when heard at the High Court, were about the individual circumstances of the claimants, the Court of Appeal's decision to hear the cases together "gives the courts the opportunity to align their approach to pandemic arrears with the government's protective measures which have been introduced since the original court decisions".

She continues:

"Even so, in both cases the landlord won summary judgment, which means that the judges ruled the tenants had no real prospect for success. As a result, a victory for the tenants would be "quite a significant U-turn" by the courts".

The full article was first published by EG (subscription required).