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

University recognises adidas curator Gary Aspden

University recognises adidas curator

11 Jul 2025

2

Investment drives growth plan at CoolKit Coolkit Vans

Investment drives growth plan at CoolKit

11 Jul 2025

3

Story Homes submits plans for 140 new homes in Longton Story Homes plans

Story Homes submits plans for 140 new homes in Longton

11 Jul 2025

4

University of Lancashire climbs 14 places in student positivity survey Happy students at ULAN

University of Lancashire climbs 14 places in student positivity survey

10 Jul 2025

5

Forbes Solicitors achieves strong growth and promotes 15 Forbes Solicitors promotions

Forbes Solicitors achieves strong growth and promotes 15

10 Jul 2025

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
LBV123 July/August Launch Event
Lancashire Business View magazine launch
Networking
16 Jul 2025

LBV123 July/August Launch Event

Burnley College University Courses Building, Burnley, BB12 0AN

08:30 - 10:30

Lancashire Built Environment Conference 2025
BEC 315 X 315 Px
Networking
25 Sep 2025

Lancashire Built Environment Conference 2025

Blackpool Football Club, Blackpool, FY1 6HX

08:30 - 13:00

CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

CMI Level 5 Project Management Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Project Management Course

Preston Campus, Preston, PR1 2HE

08:00 - 17:00

Shaping Preston's future by remembering its past
1750160034867.png.png
LBV Hub Networking
16 Jul 2025 - 16 Jul 2025

Shaping Preston's future by remembering its past

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 20:30

Chamber Summer BBQ
LBV Hub Social
17 Jul 2025 - 17 Jul 2025

Chamber Summer BBQ

The Borough, Dalton Square, Lancaster, LA1 1PP

17:30 - 20:00

Preston Tech Connection: Web3 is Dead. Or is It?
July Longer Banner.jpg.jpg
LBV Hub Networking
29 Jul 2025 - 29 Jul 2025

Preston Tech Connection: Web3 is Dead. Or is It?

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 19:30

Preston Freelancer Meet-Up: July
Longer July Banner.jpg.jpg
LBV Hub Networking
31 Jul 2025 - 31 Jul 2025

Preston Freelancer Meet-Up: July

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 11:30

Cumbria Business Expo 2025
https---cdn.evbuc.com-images-880461633-4862066883-1-original.20241022-110415.jpeg.jpg
LBV Hub Exhibitions
19 Sep 2025 - 19 Sep 2025

Cumbria Business Expo 2025

Carlisle Racecourse, Carlisle, CA2 4TS

09:00 - 15:00

North West Business Expo 2025
https---cdn.evbuc.com-images-880456273-4862066883-1-original.20241022-105445.jpeg.jpg
LBV Hub Exhibitions
24 Oct 2025 - 24 Oct 2025

North West Business Expo 2025

Bolton Stadium Hotel, Bolton, BL6 6SF

09:00 - 15:00

Lancashire Business Day 2025
241122lbvlancashiredaylhp0647web
Networking
27 Nov 2025

Lancashire Business Day 2025

Burnley FC , Burnley, BB10 4BX

12:00 - 17:00

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 LBV122 Online Graphic
Subscribe now

Weekly news bulletin