Monday, April 11th, 2022
As of the 25 March 2022, the statutory moratorium on a number of Commercial Landlord remedies has now ended. From this date, Commercial Landlords now have the potential to use to the remedies of forfeiture and Commercial Rent Arrears Recovery (CRAR).
However, whilst the statutory bar on these remedies has been lifted, there is still a limit on the circumstances in which they can be exercised. This is largely due to Commercial Rent (Coronavirus) Bill, which received Royal Assent on 24 March 2022. In brief, this will prevent Landlords from using forfeiture, CRAR or other remedies in relation to a ‘protected rent debt’.
As suggested in a previous post on the then Commercial Rent (Coronavirus) Bill, we are of the view Landlords and Tenants of commercial premises should in the first instance, seek an agreement on the matter of rent arrears, or other breach of lease, without referring the matter to an arbitrator or the courts.
Our Property Litigation and Dispute Resolution Department can act for either Landlords or Tenants in without prejudice negotiations and draft the terms of any settlement agreement or consent order. If, however, agreement is not possible, we can advise on your legal position and possible options.
Should you require assistance with the above, or any other commercial lease dispute, please do get in touch with our Property Litigation and Dispute Resolution Department and we will be happy to assist. Contact us today on 02072280017.
Contact the author
Jack Glover, Solicitor