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Commercial Rent Arbitration Scheme 2022

Commercial Rent Arbitration Scheme - Now Open

THE SCHEME WILL ONLY LAST UNTIL SEPTEMBER 2022

What is it?

 

The Commercial Rent (Coronavirus) Act 2022 was passed in March, establishing a legally-binding arbitration process for commercial landlords and tenants who have not already reached an agreement on commercial rent arrears incurred during much of 2020 and 2021 as a direct result of Coranvirus.

Under the scheme either the tenant or landlord can now refer the dispute to an arbitrator for a time-limited period with referrals needing to be made by 23 September 2022. 

 

What is arbitration?

 

Arbitration is one of the ways legal disputes are resolved outside of the courts and across international boundaries. It's used by many individuals and businesses, on a voluntary basis, meaning both sides must agree to follow any final decision.

The arbitration process has different proposal stages which are aimed at reaching agreements without the arbitrator having to themselves determine the rent. The focus of arbitration awards is viability of the tenant, but the landlord's solvency is also relevant.

The government encourages commercial landlords and tenants to negotiate their own agreement where possible, so that an arrangement to resolve debt is mutually agreed, instead of resorting to the arbitration process.

Where this isn't possible, Horwich Farrelly is on hand to help.

 

Who can start the process?

 

Either the landlord or tenant can refer to arbitration. You must include a formal proposal as to what rent is to be paid for the period, accompanied by supporting evidence. Our specialist team can do this for you.

 

OUR SPECIALIST LAWYERS HAVE OVER 20 YEARS' EXPERIENCE OF ALL TYPES OF DISPUTES RELATING TO PROPERTY AND LAND
IT IS HOPED THAT ALL RENT DISPUTES CAN BE RESOLVED THROUGH AGREEMENT, BUT NOT ALL WILL, WHICH IS WHERE WE COME IN.

I am a commercial tenant with
rent arrears, what do I do?

 

If you have commercial rent arrears due to Coronavirus, and have been unable to reach an agreement with your landlord, click the link below. You only have until September to make use of this process.

*Please be aware, commercial tenants who are already in a voluntary arrangement, scheme of arrangement or restructuring plan do not qualify for this scheme. 

 

Get in touch

 

I am a commercial landlord and my tenants have arrears what do I do?

 

After the scheme closes at the end of September your usual rights and remedies will be restored. If you are a commercial landlord and you have not been able to reach an agreement with your tenant to resolve commercial rent arrears, make sure you do not miss out on recovering thousands of pounds, click the link below to get started.

 

Get in touch

Why Horwich Farrelly?

 

Graeme Dixon -
Partner

"Being involved in any kind of legal claim is unpleasant and stressful. You’re looking for a fast, accurate and efficient legal service. Our specialist lawyers have over 20 years’ experience of all types of disputes relating to property and land. The team have worked with all types of housing and real estate claims, including the most complex legal claims and commercial rent arrears. Whatever your situation, you can rely on our experience, knowledge and tenacity to ensure that you achieve the right outcome."

Graeme is a partner and leads the Real Estate Litigation team. He has over 20 years’ experience in real estate litigation, advising clients across a multitude of property related disputes. Graeme’s clients include commercial landlords and tenants, developers and property owners.

Over the years he has acted on a wide range of claims from multimillion pound disputes relating to airports and supermarkets to smaller scale boundary and land disputes. In addition to proceedings in the courts, he also has a wealth of experience acting for clients in matters dealing with the Lands Tribunal, arbitration and mediation.