Dealing with commercial rent arrears as Covid-19 arbitration scheme closes

{mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-parent:""; mso-padding-alt:0cm 5.4pt 0cm 5.4pt; mso-para-margin-top:0cm; mso-para-margin-right:0cm; mso-para-margin-bottom:8.0pt; mso-para-margin-left:0cm; line-height:107%; mso-pagination:widow-orphan; font-size:11.0pt; font-family:"Calibri",sans-serif; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin; mso-bidi-font-family:"Times New Roman"; mso-bidi-theme-font:minor-bidi; mso-fareast-language:EN-US;}

 

The ability to refer to arbitration is no longer available to commercial landlords trying to recover rent arrears accrued during the coronavirus pandemic.

Associate solicitor Eleanor Longworth from Woodcocks Haworth and Nuttall Solicitors’ commercial property team, explains what the change means for commercial landlords and tenants, and how landlords should best deal with the recovery of such protected debt.

The moratorium period

The Commercial Rent (Coronavirus) Act 2022 came into force on March 25, 2022, bringing into law an arbitration process to protect businesses forced to close during the pandemic and unable to meet rental payments during that time.

Landlords were prevented from taking steps to recover unpaid rent that had accrued during periods of mandated closures, unless the landlord and tenant had already reached an agreement.

The act introduced a moratorium period, during which enforcement remedies would be suspended for the protected debt and a landlord or tenant could refer the debt to an arbitrator to determine what should be paid.

Arbitration

Under the act a case could be referred to arbitration within six months, meaning that the referral deadline for new arbitration cases was September 23, 2022. It has expired and to date the Secretary of State has not extended the referral window.

For those cases that have already been referred to arbitration, the moratorium will remain in force. The parties should await the arbitrator’s award, which will be binding. An award can only be challenged on limited grounds.

Recovering debt

Landlords now have the full suite of debt recovery remedies available to them for commercial property rent arrears.

For cases that have not already been to arbitration, landlords are now able to consider the following remedies for all debt, including any previously protected rent debt:

Issuing court proceedings to recover the debt Enforce monetary judgments obtained prior to the act coming into force Draw down on a rent deposit and then request a top-up by tenant, under a Rent Deposit Deed Petition for the winding up of a tenant company Serve a statutory demand or present a bankruptcy petition against a tenant that is an individual Exercise commercial rent arrears recovery Forfeit the lease and re-take possession of the premises

The benefits of any of these remedies will depend on the individual circumstances of each case. WHN Solicitors has a team of expert commercial property advisors who can advise in relation to each and put a strategy in place to help you – whether landlord or tenant – achieve your objective.

For more information contact Eleanor Longworth on 0161 761 4611 or by email via [email protected]  

Enjoyed this? Read more from Woodcocks Haworth & Nuttall Solicitors

Latest news

1

Kelmore makes two strategic sales manager appointments Cian Steve Alysse 2

Kelmore makes two strategic sales manager appointments

28 Aug 2026

2

Chorley man jailed over £1m illegal streaming operation Preston Courts Copy

Chorley man jailed over £1m illegal streaming operation

28 Aug 2026

3

Vertu names new head of business at Nelson Land Rover site 33088

Vertu names new head of business at Nelson Land Rover site

27 Aug 2026

4

Why wills planning still needs a human touch Victoria Cross Feat Img

Why wills planning still needs a human touch

27 Aug 2026

5

Chorley cruise retailer exceeds £1m sales in Australia in three months Julliana Nasmith And James Cole

Chorley cruise retailer exceeds £1m sales in Australia in three months

27 Aug 2026

Blackburn College (July-Aug 26)
Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
LBV130 September/October Magazine Networking Event
LBV130 Magazine Launch Social720No Text 6 17 Sep 2026

LBV130 September/October Magazine Networking Event

The Beehive Blackburn, Shadsworth Business Park, BB1 2QS

08:30 - 10:30

Built Environment Conference 2026
BEC26 WW Logo720 24 Sep 2026

Built Environment Conference 2026

EG On The Move, Waterside Head Office, Blackburn, BB1 2FA

08:30 - 13:00

All In One Network
LBV Website Events GraphicAll In One Network 15 Oct 2026

All In One Network

The Leisure Box, Northlight, Glen Way, Brierfield , BB9 5NH

14:00 - 16:00

Sub36 Awards 2026
Sub36 WW Logo720 16 Oct 2026

Sub36 Awards 2026

Park Hall Hotel & Spa, Chorley, PR7 5LP

19:00 - 00:30

LBV131 November/December Magazine Networking Event
LBV131 Magazine Launch Social720No Text 19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

Lancashire Business Day 2026
LBD26 WW Logo720 27 Nov 2026

Lancashire Business Day 2026

Burnley Football Club, BB10 4BX

12:00 - 17:00

Chamber Breakfast Networking – September
Lancaster And Morecambe Logo 1 03 Sep 2026

Chamber Breakfast Networking – September

Soul Bowl, Morecambe, LA4 4BU

08:00 - 10:00

Mediation in the workplace: a practical guide to resolving conflict
LBV Website Events GraphicMediation In The Workplace 08 Sep 2026

Mediation in the workplace: a practical guide to resolving conflict

Online, Preston, PR1 3JG

12:00 - 12:45

Preston Tech Connection Hot Takes
LBV Website Events GraphicHot Takes In Tech 09 Sep 2026

Preston Tech Connection Hot Takes

Society1, Preston, PR1 3LT

18:00 - 19:30

Stop Wasting Time. Start Making Money
Lancaster And Morecambe Logo 1 10 Sep 2026

Stop Wasting Time. Start Making Money

Lancaster & Morecambe College, Lancaster, LA1 2TZ

08:00 - 10:00

Mind Over Mountain: Brunch at Ivory Tower
mind-over-mountain-complete.jpg.jpg 11 Sep 2026

Mind Over Mountain: Brunch at Ivory Tower

Ivory Tower, Preston, PR1 2NL

12:30 - 16:30

Fire Warden Training
14 Sep 2026

Fire Warden Training

Cleveley House Farm, Forton, PR3 1DR

09:00 - 15:00

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV129 Online Graphic
Subscribe now

Weekly news bulletin