On the Case: The Court of Appeal rules on pandemic rent defences

Jess Harrold is joined by Guy Fetherstonhaugh QC, of Falcon Chambers, to discuss the eagerly awaited Court of Appeal decision in the combined appeals in Bank of New York Mellon (International) Ltd v Cine-UK Ltd; London Trocadero (2015) LLP v Picturehouse Cinemas Ltd and others [2022] EWCA Civ 1021; [2022] PLSCS 125 - cases both arising out of rent arrears accrued during lockdown periods imposed as a result of the Covid-19 pandemic. Fetherstonhaugh outlines the parties involved in the appeals, including two connected cinema tenants, and how those tenants saw their defences to actions for unpaid rent rejected at first instance. He explains how the arguments were presented in the Court of Appeal, and why it dismissed the tenants' appeals. In addition, Fetherstonhaugh shares his thoughts on where this leaves any tenants who are yet to resolve pandemic rent arrears disputes with their landlords, and whether this might lead to a late rush to use the government's so far under-utilised arbitration scheme.  

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