ANGUILLA Law and Practice Contributed by: Nina Rodriguez, Webster LP
6.12 Insurance Issues Usually the tenant is required to obtain insurance as one of the terms of a lease, with a require - ment that a copy of such insurance be provided to the landlord. Recoveries are subject to the terms of the policy. The author is unaware of any instances of recoveries as a result of the COVID-19 pandemic. 6.13 Restrictions on the Use of Real Estate Restrictions can be imposed by the landlord on how a tenant uses the real estate and the use of the property is usually a condition of the lease. There is no zoning statute in Anguilla. 6.14 Tenant’s Ability to Alter and Improve Real Estate The tenant is permitted to alter or improve the real estate. Typically, the lease agreement includes a clause stating that no structural alter - ations or modifications can be made without the prior consent of the landlord, and that such con - sent should not be unreasonably withheld. 6.15 Specific Regulations Leases are governed by the Registered Land Act. 6.16 Effect of the Tenant’s Insolvency The landlord reserves the right to forfeit the lease where the tenant, as a company, goes into liq - uidation or, as an individual, becomes bankrupt. Enforcement actions can be taken in the court. 6.17 Right to Occupy After Termination or Expiry of a Lease The agreement usually includes a termination clause. The landlord has the right of forfeiture whether expressed or implied in the lease, after
giving notice to the tenant. Eviction proceedings can be commenced. 6.18 Right to Assign a Leasehold Interest Such permission would first be required to be included in the initial lease agreement. Some agreements indicate that the tenant does not have the right to assign for a period (say ten years from the date of the initial lease); while others may include a clause where the tenant agrees not to assign or part with possession of the premises or any portion thereof without prior written consent and for which an adjustment of the rental rate will have to be agreed. 6.19 Right to Terminate a Lease Landlords have the right to terminate a lease in the following circumstances: • without cause within a stated period; • for non-payment of rental after say 30 days after written demand; and • for tenant’s failure to remedy breach after notice. Either party may terminate after a specified peri - od, such as 12 months, by giving, for example, no less than six months prior notice in writing, during which time the tenant should pay rent, and the landlord and tenant should perform and observe the covenants in the lease. Tenants have the right to terminate a lease in the following circumstances: • failure of the landlord to grant the tenant peaceful enjoyment of premises without any interruption or disturbance from the landlord or any person claiming through, under or in trust for the landlord;
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