Commercial Rent (Coronavirus) Act 2022

23 Temporary moratorium on enforcement of protected rent debts E+W

(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(a) the arbitration proceedings are abandoned or withdrawn by the parties,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(c) any appeal brought within that period is finally determined, abandoned or withdrawn.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.

Commencement Information

I1 S. 23 in force at Royal Assent, see s. 31(4)