Legislation – Commercial Rent (Coronavirus) Act 2022

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Introduction

PART 1
Introductory provisions

1 Overview

2 “Rent” and “business tenancy”

3 “Protected rent debt”

4 “Adversely affected by coronavirus”

5 “Protected period”

6 “The matter of relief from payment”

PART 2
Arbitration

7 Approval of arbitration bodies

8 Functions of approved arbitration bodies

9 Period for making a reference to arbitration

10 Requirements for making a reference to arbitration

11 Proposals for resolving the matter of relief from payment

12 Written statements

13 Arbitration awards available

14 Arbitrator’s award on the matter of relief from payment

15 Arbitrator’s principles

16 Arbitrator: assessment of “viability” and “solvency”

17 Timing of arbitrator’s award

18 Publication of award

19 Arbitration fees and expenses

20 Oral hearings

21 Guidance

22 Modification of Part 1 of the Arbitration Act 1996

PART 3
Moratorium on certain remedies and insolvency arrangements

23 Temporary moratorium on enforcement of protected rent debts

24 Alteration of moratorium period

25 Temporary restriction on initiating certain insolvency arrangements

26 Temporary restriction on initiating arbitration proceedings

27 Temporary restriction on winding-up petitions and petitions for bankruptcy orders

PART 4
Final provisions

28 Power to apply Act in relation to future periods of coronavirus control

29 Concurrent power for Welsh Ministers to apply moratorium provisions again

30 Crown application

31 Extent, commencement and short title

SCHEDULES

SCHEDULE 1 Modifications of the Arbitration Act 1996 in relation to arbitrations under this Act

SCHEDULE 2 Temporary moratorium on enforcement of protected rent debts

SCHEDULE 3 Winding-up and bankruptcy petitions

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Commercial Rent (Coronavirus) Act 2022
PART 1Introductory provisions
1Overview
2“Rent” and “business tenancy”
3“Protected rent debt”
4“Adversely affected by coronavirus”
5“Protected period”
6“The matter of relief from payment”
PART 2Arbitration
Approved arbitration bodies
7Approval of arbitration bodies
8Functions of approved arbitration bodies
References to arbitration by tenant or landlord
9Period for making a reference to arbitration
10Requirements for making a reference to arbitration
Proposals for resolving the matter of relief from payment
11Proposals for resolving the matter of relief from payment
12Written statements
Arbitration awards
13Arbitration awards available
14Arbitrator’s award on the matter of relief from payment
15Arbitrator’s principles
16Arbitrator: assessment of “viability” and “solvency”
17Timing of arbitrator’s award
18Publication of award
Arbitration fees and oral hearings
19Arbitration fees and expenses
20Oral hearings
Guidance
21Guidance
Modification of Part 1 of the Arbitration Act 1996
22Modification of Part 1 of the Arbitration Act 1996
PART 3Moratorium on certain remedies and insolvency arrangements
23Temporary moratorium on enforcement of protected rent debts
24Alteration of moratorium period
25Temporary restriction on initiating certain insolvency arrangements
26Temporary restriction on initiating arbitration proceedings
27Temporary restriction on winding-up petitions and petitions for bankruptcy orders
PART 4Final provisions
28Power to apply Act in relation to future periods of coronavirus control
29Concurrent power for Welsh Ministers to apply moratorium provisions again
30Crown application
31Extent, commencement and short title
SCHEDULES
SCHEDULE 1Modifications of the Arbitration Act 1996 in relation to arbitrations under this Act
1Part 1 of the Arbitration Act 1996 has effect in…
2Part 1 of the Arbitration Act 1996 has effect in…
3The modifications under paragraphs 1 and 2 are without prejudice…
SCHEDULE 2Temporary moratorium on enforcement of protected rent debts
1Preliminary: interpretation
2Making a debt claim
3Debt claims made before the day on which this Act is passed
4Using CRAR (the commercial rent arrears recovery power)
5Enforcing a right of re-entry or forfeiture
6(1) This paragraph applies where— (a) a superior landlord enforces,…
7Using landlord’s right to appropriate rent
8(1) This paragraph applies in relation to any payment of…
9Using tenant’s deposit to apply towards unpaid rent debt
SCHEDULE 3Winding-up and bankruptcy petitions
1Prohibition on presenting a winding-up petition solely in relation to a protected rent debt
2Prohibition on presenting a bankruptcy order petition in relation to a protected rent debt
3Bankruptcy orders made before the day on which this Act is passed
4Interpretation

Royal arms

Commercial Rent (Coronavirus) Act 2022

2022 CHAPTER 12

An Act to make provision enabling relief from payment of certain rent debts under business tenancies adversely affected by coronavirus to be available through arbitration; and for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—