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Reply To: While we are in Lock-Down, as a tenant am I able to get some relief from my rent as a result of a lack of access? I have seen in some tenancy/lease agreements they have a ‘No Access in Emergency’ clause which then talks about a ‘fair proportion of the rent and outgoings shall cease to be payable for the period’.

One of my colleagues was talking the other day to a specialist commercial property lawyer who has spent the last 2 weeks doing nothing but advise on/negotiate clause 27.5 rent relief. He is most commonly seeing relief agreed at 50%, although 75% is not uncommon. There have been a few instances of 100%. There have been arguments centered around how much the tenant is continuing to “use” the premises (including for storage), one factor seems to be whether the tenant has on-premise servers that are still being used. So businesses that operate in the cloud potentially have a stronger argument for higher relief.