For many business entrepreneurs who are renting premises from which to operate their businesses, COVID-19 and the hard lockdown has forced many to relook at their lease agreements. Many entrepreneurs suddenly realise the weakness of their contractual position and the strength of the landlord’s position. In many instances, the entrepreneur may have signed personal surety and are therefore joint and severally liable together with the business under the lease agreement.
Entrepreneurs may notice that their lease agreements have no force majeure provisions, hardship clauses or even mediation or alternative dispute resolution provisions. Many lease agreements entered into with large corporate landlords have breach provisions that are one sided and all in favour of the landlord. In fact, your lease agreement may fail to have any provisions dealing with breach by the landlord. We have found that many tenants that have their businesses and leased premises in shopping malls, where additional