Of landlords and tenants: Property in the midst of a pandemic

Described as the crisis of our generation, the coronavirus pandemic has had a profound effect on consumption behaviour, in turn devastating businesses globally. Marking a departure from the sanctity of contract and causing perceived incursions to accrued legal rights, the Coronavirus Act 2020 and re...

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Bibliographic Details
Main Author: TI, Seng Wei, Edward
Format: text
Language:English
Published: Institutional Knowledge at Singapore Management University 2022
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Online Access:https://ink.library.smu.edu.sg/sol_research/3441
https://ink.library.smu.edu.sg/context/sol_research/article/5399/viewcontent/hmab018_ET_pvoa.pdf
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Institution: Singapore Management University
Language: English
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Summary:Described as the crisis of our generation, the coronavirus pandemic has had a profound effect on consumption behaviour, in turn devastating businesses globally. Marking a departure from the sanctity of contract and causing perceived incursions to accrued legal rights, the Coronavirus Act 2020 and related legislation provide business tenancies protection, among others, against forfeiture for non-payment of rent. While this regulation of commercial tenancies appears to be justified on the basis of pragmatic utility, I suggest that Honoré’s incident of ownership prohibiting harmful use also allows for these emergency laws to be vindicated from a property perspective. This provides an overarching ethical basis to provide guidance when property rights can be statutorily affected.