The application of the corrective measures described above depends mainly on the progression of the epidemic, the duration of the restrictive measures and the economic consequences for the activities of the parties to the lease agreement. A lease is a contract between a lessor and a tenant that covers the rental of real estate for long periods, usually a period of 12 months or more. The lease is very specific in detail of the responsibilities of both parties during the lease and contains all the necessary information to ensure that both parties are protected. In the present case, the lease agreement does not impose explicit conditions for Mr X to sublet. Therefore, we believe that before entering into a sublease agreement with Mr. X M. X, the bank should ask Mr. X to obtain written permission from the original owner for the sublease. This document is intended only to propose certain possible arguments in the light of the general principles of Italian law and should not be regarded as legal advice. In particular, there are no plans to regulate a particular case which, on the contrary, will be analysed and evaluated taking into account all concrete facts and all contractual frameworks. With regard to commercial leases, one may wonder what kind of defense can be invoked by the tenant who has been legally forced to cease operations and what are the legal reasons that can help the lessor against the tenant`s request to suspend the payment of rents. DISCLAIMER: Given the overall quality of this update, the information contained in this update may not apply in all situations and should not be implemented without specific legal advice based on certain situations. On the other hand, a lease is beneficial for a lessor because it offers the stability of a guaranteed income in the long term.
It is advantageous for a tenant, because it fixes the amount and duration of the rent and can not be modified even in the event of an increase in real estate or rental values. A monthly lease contains the same provisions as in a standard lease agreement. However, either the tenant or the lessor can change the terms of the contract at the end of each month. The lessor has the option of increasing the rent or asking the tenant to leave the premises without breaching the lease. However, a lessor must give reasonable notice of 30 days before asking the tenant to leave the property. In addition, the Italian Government has not yet expressly regulated the possible renegotiation of the contractual conditions by the parties. To that end, it is therefore necessary to examine whether the rental agreement contains specific clauses which may allow the parties to change, for example, the amount of the rent taking into account the exceptional circumstances that have arisen. We can also expect such clauses to be included in lease agreements from now on. Whenever part of a transaction is created outside the UK, one should always consider whether legal advice is needed.
Note that these are parties based in Northern Ireland, the Channel Islands and the Isle of Man, as well as seemingly foreign companies in other parts of the world. The opinion brings the English party not only comfort with regard to the legal issues that may arise with regard to the execution and validity of the documents, but also another person (i.e. the lawyer who prepares it) can be sued for negligence if the expertise is incorrect. . . .