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Patron Focus 12

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Viatris takes a different approach to healthcare

Formed in 2020 through the combination of Mylan and Upjohn, VIATRIS is a new kind of healthcare company, committed to empowering people in the UK to live healthier at every stage in life through its 40,000-strong global workforce.

In the UK the company has four sites, including one in Hatfield. With approximately 500 UK staff, the business provides access to affordable, high quality medicines to more than six million patients in the country each year.

Matt Salzmann, UK Country Manager at Viatris, says: “We believe in healthcare not as it is, but as it should be. We are passionately committed to UK healthcare improvement and transformation. We know that good health matters to everyone, everywhere. This universal truth is the inspiration behind our mission and the reason we are focused on building sustainable partnerships is to improve healthcare and tackle health inequalities. As our UK business is headquartered in Hatfield the best place to start is here in Hertfordshire.” This is one of the prime reasons why Viatris recently became a Patron of Hertfordshire Chamber of Commerce. The idea is to work with the local community to create new networks and contacts that will help the company to improve healthcare outcomes. Matt commented: “Being a Chamber Patron gives us the opportunity to capitalise on Hertfordshire’s strong pharma base but also to work with organisations that we might not ordinarily have connected with. While this will naturally benefit our business, we hope that we can add value to other organisations through our Global Healthcare Gateway. This offers our partners ready access to expanded markets through an innovative global infrastructure that accelerates opportunities to connect more people to the high-quality medicines and services they need.” Viatris is also giving back to the local community through its volunteer programme, where staff are able to use up to two days of work to carry out volunteering activities at organisations of their choice. Collectively, staff at the company have around 1,000 volunteer days to use in the community each year. Matt says: “We’d also like to use the Chamber’s quality membership base to further expand our presence in Hertfordshire. The Chamber is a highly professional organisation, easy to deal with and very supportive. “In a way, their approach is very much aligned with ours. They’re very keen to facilitate partnership-building to achieve a greater good, while we’re changing our business model from a product-centric to a more customer-centric approach. To achieve this, we have to be more outward-facing and build connections. This will enable us to move to a future in which more people will have better access to high-quality affordable healthcare – and better access will lead to better health outcomes.” “We are six months into our Viatris UK journey and we are excited to be able to partner with the Chamber and its members to begin to work together in realising our mission of healthcare not as it is, but how it should be.” We know that good health matters to everyone, everywhere. This universal truth is the inspiration behind our mission and the reason we are focused on building sustainable value-based partnerships to improve healthcare and tackle health inequalities. As our UK business is headquartered in Hatfield the best place to start is here in Hertfordshire.

Landlords and tenants

The implications of COVID-19 on commercial property continue to evolve. Helen Bunting answers some common questions still faced by both landlords and tenants.

Can the terms of a lease be varied to assist either party through difficult times?

A It can be in all parties’ interests to discuss any hardships being experienced and to work together to find a solution. However, there is no legal obligation to agree proposed variations and acceptance will generally depend on commercial viability. Q As the workforce

returns, will leases allow tenants to adapt workplaces to meet COVID safety requirements?

Occupiers will need to consider social distancing, space between workstations and possible extra facilities such as cycle storage to facilitate safer commutes. To protect the value of a landlord’s reversionary interest, leases usually limit alterations. Commonly, external and structural alterations are prohibited but internal nonstructural alterations are permitted with the landlord’s consent. In multi-occupied buildings, alterations to common areas are likely to be carried out by the landlord but with the costs potentially recovered through a service charge, although landlords should carefully consider the provisions of each lease to check whether they can actually recover such costs.

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Q

What is a covid clause and should a lease contain one?

A Covid clauses are still evolving. There is no market standard yet and the extent to which landlords will agree them is unknown. If, agreed, they apply if the Government imposes measures that restrict or prohibit the tenants’ use of the property to prevent the spread of COVID-19 and range from a rent suspension to a tenant’s right to terminate the lease.

Q Can a landlord

terminate for nonpayment for rent yet?

Commercial landlords are barred from forfeiting commercial leases and evicting tenants for nonpayment of rent until 30 June 2021. Predictions are that some form of restriction will remain after this date, possibly by treating arrears which arose during the pandemic differently to arrears that arose before or after it, or possibly by treating certain sectors differently, but we eagerly await a Government announcement. If a tenant cannot pay rent, the Government has issued a voluntary Code of Practice and encourages landlords to adopt it as good practice, although it is not a legal requirement. Q Can a tenant terminate

the lease or withhold payment of rent?

Leases normally require rent to be paid on specified dates without deduction or set-off, meaning it is unlikely a tenant can withhold payment without the landlord’s agreement. Break clauses, rent suspension and force majeure clauses should be reviewed. If the lease cannot be terminated, tenants may be able to agree a surrender or assign or sublet with the landlord’s consent. Landlords will review the financial standing of the incoming tenant and additional security might be needed. A lease can also be frustrated (which means it comes to an end immediately) if it is impossible or unlawful to use the property at all, and not just for a specific business purpose. The Courts have set a very high bar for successful claims and we are not aware of a successful claim for COVID reasons.

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Please note the contents of this article are given for information only and must not be relied upon. Legal advice should always be sought in relation to specific circumstances.

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