Legislation – Commercial Rent (Coronavirus) Act 2022

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PART 2Arbitration

References to arbitration by tenant or landlord

10Requirements for making a reference to arbitration

(1)

Before making a reference to arbitration—

(a)

the tenant or landlord must notify the other party (“the respondent”) of their intention to make a reference, and

(b)

the respondent may, within 14 days of receipt of the notification under paragraph (a), submit a response.

(2)

A reference to arbitration must not be made before—

(a)

the end of the period of 14 days after the day on which the response under subsection (1)(b) is received, or

(b)

if no such response is received, the end of the period of 28 days beginning with the day on which the notification under subsection (1)(a) is served.

(3)

A reference to arbitration may not be made, an arbitrator may not be appointed, and no formal proposal under section 11(2) or (4) may be made, where the tenant that owes a protected rent debt is subject to one of the following—

(a)

a company voluntary arrangement which relates to any protected rent debt that has been approved under section 4 of the Insolvency Act 1986,

(b)

an individual voluntary arrangement which relates to any protected rent debt that has been approved under section 258 of that Act, or

(c)

a compromise or arrangement which relates to any protected rent debt that has been sanctioned under section 899 or 901F of the Companies Act 2006.

(4)

A reference to arbitration must be made to an approved arbitration body.

(5)

After a reference to arbitration has been made, an arbitrator may not be appointed, and no formal proposal under section 11(2) or (4) may be made, during any period where the tenant that owes a protected rent debt is the debtor under one of the following—

(a)

a company voluntary arrangement which relates to any protected rent debt that has been proposed and is awaiting a decision under section 4 of the Insolvency Act 1986,

(b)

an individual voluntary arrangement which relates to any protected rent debt that has been proposed and is awaiting a decision under section 258 of that Act, or

(c)

a compromise or arrangement which relates to any protected rent debt that has been applied for and is awaiting a decision under section 899 or 901F of the Companies Act 2006.

(6)

This section, so far as relating to a company voluntary arrangement and a compromise or arrangement under section 899 or 901F of the Companies Act 2006, applies to limited liability partnerships (as well as to companies).