The Commercial Rent (Coronavirus) Act 2022 (the “Act”) received Royal Assent on 24 March 2022 and replaces section 82 of the Coronavirus Act 2020.

What was Section 82 of the Coronavirus Act 2020?

This contained protections for commercial tenants and restrictions against commercial landlords in respect of recovery of rent arrears and forfeiture of leases during the relevant period.

The relevant period began on 26 March 2020 and ended on 25 March 2022.

What are protected rent arrears?

These are commercial rent arrears that have accrued during the period where the Government forced premises to close or cease trading during lockdowns as a result of the pandemic.

It is crucial therefore that commercial landlords who are seeking to recover rent arrears first ascertain whether they are protected arrears or not as this directly affects the remedies available to them in respect of recovery.

The “Act”
The Commercial Rent (Coronavirus) Act 2022 places a 6 month ‘freeze’ on commercial landlords being able to recover protected rent arrears or forfeiting leases.

What rights do landlords have under the “Act”

In respect of unprotected rent arrears the “Act” now provides commercial landlords with the following remedies:

• Winding-up Petition which is available from 01 April 2022;
• Commercial Rent Arrears Recovery available where there is 7 or more days of arrears;
• Forfeiture.

The above remedies will only be available to commercial landlords who have been unable to reach an agreement or settlement relating to rent arrears or where arbitration has been unsuccessful.

What businesses does this affect?

The “Act” applies to all commercial businesses including pubs, gyms and restaurants who were mandated to close in full or part by the Government from 26 March 2020.

How we can help

At Elliot Mather, our dedicated Dispute Resolution team offer friendly and professional advice with continuity of representation throughout your case.

The level of help you would like from us is entirely up to you. Our team members are all experienced in advising individuals on their specific circumstances.

Location

Our Solicitors are able to provide expert advice across the country with a network of offices based in: Chesterfield, Nottingham, Mansfield and Derby.

How to get in contact

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• Commercial
• Litigation