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

Lancashire names rise and fall in latest Rich List Matt Riley

Lancashire names rise and fall in latest Rich List

15 May 2026

2

fulfilmentcrowd acquires Fulfilment.nl to accelerate European growth Lee Thompson, CEO at fulfilmentcrowd, shakes hands with Robin Gerrits, Founder and Managing Director at Fulfilment.nl

fulfilmentcrowd acquires Fulfilment.nl to accelerate European growth

14 May 2026

3

Government urged to take action to boost UK visitor economy Frank McKenna

Government urged to take action to boost UK visitor economy

14 May 2026

4

Fox Group boost acquisition portfolio Fox Group CEO Paul Fox, DSD CEO Shaun Nugent and DSD MD Martin Tweddle

Fox Group boost acquisition portfolio

13 May 2026

5

Jobs axe set to fall at Victrex Victrex

Jobs axe set to fall at Victrex

12 May 2026

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
LBV128 May/June Magazine Networking Event
Canva - Mag Launch
Networking
19 May 2026

LBV128 May/June Magazine Networking Event

Colne Market Hall, Lancashire, BB8 0HS

08:30 - 10:30

Funding Summit
Funding Logo Canva Mid
Summit
17 Jun 2026

Funding Summit

Village Hotel Blackpool

08:30 - 11:00

LBV129 July/August Magazine Networking Event
Nov/Dec Networking Event
Networking
16 Jul 2026

LBV129 July/August Magazine Networking Event

Brysdales, Britannia Buildings Drumhead Road, Chorley, PR6 7BX

16:00 - 18:00

LBV130 September/October Magazine Networking Event
Jan/Feb Networking Event - Entrance
Networking
17 Sep 2026

LBV130 September/October Magazine Networking Event

The Beehive Blackburn, Shadsworth Business Park, BB1 2Q

08:30 - 10:30

LBV131 November/December Magazine Networking Event
Jan/ Feb Networking Event - Talking
Networking
19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

Research and Knowledge Exchange Festival 2026
Spark 2026 newsletter v3-5 (1).png.png
LBV Hub Seminars
18 May 2026 - 22 May 2026

Research and Knowledge Exchange Festival 2026

University of Lancashire, Preston, PR1 2HE

10:00 - 20:00

Getting ahead of risk: Managing cash flow, costs, funding and supply chains in uncertain times
Webinar invite (3).png.png
LBV Hub Webinar
20 May 2026

Getting ahead of risk: Managing cash flow, costs, funding and supply chains in uncertain times

Online - teams, N/A, N/A

09:30 - 11:00

Culture, Community & Commerce in the City # 1 - Northern Dough Co x WASH Studio
8.png.png
LBV Hub Networking
20 May 2026

Culture, Community & Commerce in the City # 1 - Northern Dough Co x WASH Studio

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 20:30

U35 Networking Event
Logo.jpg.jpg
LBV Hub Networking
20 May 2026

U35 Networking Event

The Royal Hotel & Bar, Lancaster, LA1 1YD

17:30 - 19:00

How to handle an underperforming employee
Logo.jpg.jpg
LBV Hub Seminars
20 May 2026

How to handle an underperforming employee

The Longlands Hotel, Carnforth, LA6 1JH

08:00 - 10:00

Preston Freelancer Meet-Up: May
LBV Hub Networking
21 May 2026

Preston Freelancer Meet-Up: May

Society1, Coworking Space, Preston, PR13LT

10:00 - 12:00

Why digital accessibility is crucial for your business
EXP-Webinar-LBV-Hub.png.png
LBV Hub Webinar
21 May 2026

Why digital accessibility is crucial for your business

Online, Microsoft Teams, Webinar

12:30 - 13:00

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 LBV124 Online Graphic
Subscribe now

Weekly news bulletin