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

PART 3Moratorium on certain remedies and insolvency arrangements

23Temporary moratorium on enforcement of protected rent debts

(1)

Schedule 2 contains—

(a)

provision preventing a landlord who is owed a protected rent debt from using the following remedies in relation to (or on the basis of) the debt during the moratorium period—

(i)

making a debt claim in civil proceedings;

(ii)

using the commercial rent arrears recovery power;

(iii)

enforcing a right of re-entry or forfeiture;

(iv)

using a tenant’s deposit;

(b)

retrospective provision in relation to certain debt claims made by such a landlord before the start of the moratorium period for the protected rent debt;

(c)

provision relating to the right of such a landlord during the moratorium period to appropriate any rent paid by the tenant;

(d)

retrospective provision in relation to the right of such a landlord to appropriate any rent paid by the tenant before the start of the moratorium period for the protected rent debt;

(e)

provision connected with certain things mentioned in paragraphs (a) to (d).

(2)

In this section “the moratorium period”, in relation to a protected rent debt, is the period—

(a)

beginning with the day on which this Act is passed, and

(b)

ending—

(i)

where the matter of relief from payment of the protected rent debt is not referred to arbitration within the period of six months beginning with that day, with the last day of that period, or

(ii)

where that matter is referred to arbitration, with the day on which the arbitration concludes.

(3)

Subsection (2) is subject to any extension of the period mentioned in paragraph (b)(i) that—

(a)

is made by or by virtue of section 24, and

(b)

has effect in relation to the protected rent debt.

(4)

For the purposes of subsection (2)(b) an arbitration concludes when—

(a)

the arbitration proceedings are abandoned or withdrawn by the parties,

(b)

the time period for appealing expires without an appeal being brought, or

(c)

any appeal brought within that period is finally determined, abandoned or withdrawn.

(5)

In this section “arbitration” means arbitration under Part 2.