Examining the Legal Effects of COVID 19 on Lease Agreements in India​​

Sanskriti Gupta
O.P. Jindal Global Law School, India.

Volume IV, Issue I, 2021

The coronavirus 2019 (hereinafter, COVID 19) has had an unprecedented impact on world health and economy. Since the onset of the pandemic small business owners and tenants have become financially fragile, incurred massive losses and relocation.  The cash crunch has inevitably put a strain on landlord-tenant relations and their lease agreements. Even large business owners such as PVR and Reliance Retail are unable to fulfill their rental obligations. Many tenants have moved to invoke the force majeure clause and the doctrine of frustration in their contracts. This paper aims to study the legal effect of COVID 19 on lease agreements. The present research study is mainly analytical. It draws on case laws from India and common law jurisdictions to determine the applicability of the provisions of the Transfer of Property Act (hereinafter, TPA), 1882 vis à vis concepts of the Indian Contract Act, 1872 (hereinafter, ICA) on lease agreements..​

DOI: http://doi.one/10.1732/IJLMH.25764