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Civil way: 9 July 2021

09 July 2021
Issue: 7940 / Categories: Features , Procedure & practice
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WHAT A BUSINESS

The ban on enforcement by re-entry, forfeiture and action for non-payment of rent of business premises in England was due to run out on 30 June 2021 (see ‘Civil way’, NLJ 26 March 2021 p22). It has been extended to 25 March 2022 by the Business Premises (Protection from Forfeiture: Relevant Period) (Coronavirus) (England) (No 2) Regulations 2021 (SI 2021/732) and it is said that this will enable primary legislation to be passed which will encourage negotiation between landlords and tenants and, if necessary, mandate rent debt settlements. An arbitration process delivered by private arbitrators is planned. The regulations also prolong until 25 March 2022 the temporary amount of business rent arrears required in England before the commercial rent arrears recovery scheme can be activated. This has stood at 544 days’ worth since 24 June 2021 where it remains. It was seven days’ worth pre-pandemic. The Welch government has extended its ‘moratorium against forfeiture’ for business non-payment of rent from 30 June to 30 September 2021.

Further cuddling of businesses in England and Wales comes by dint of the Corporate Insolvency

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