Search

How can we help?

Icon

New Code of Practice for Commercial property relationships post pandemic

The Government has published its new, Code of Practice for Commercial Property Relationships following the COVID-19 pandemic, which replaces the previous Code of Practice published in June 2020.  

This accompanies the Commercial Rent (Coronavirus) Bill, which is currently making its way through Parliament. Ait currently stands, the Bill will remove from landlords the last remaining options they have for enforcing payment of pandemic-related rent arrears and will effectively force landlords down a new arbitration route.  

The key headlines from the new Code and Bill are as follows:

  • The moratorium on forfeiture of commercial leases and the presentation of winding up petitions for unpaid rent continues until March 2022. 
  • Rent arrears built up during the pandemic, from 21 March 2020 until the date on which the last restrictions were removed from the tenant’s industry sector, will be ring-fenced. The existing restrictions on the presentation of winding up petitions and the exercise of CRAR in relation to these ring-fenced pandemic arrears will continue, and in addition the new Bill will prevent landlords from issuing court proceedings and from drawing down on rent deposits to recover these arrears. The Bill, once passed, will stay any court proceedings commenced in relation to ring-fenced debts on or after 10 November 2021. 
  • Landlords and tenants should continue to negotiate to try and reach agreement over the payment of pandemic-related arrears. If parties cannot reach agreement, they can refer their dispute to a new, binding arbitration scheme. Both parties will be expected to make proposals for how arrears should be settled, taking into account affordability and the viability and solvency of both the tenant’s business and also the landlord going forward. Both parties will be expected to produce supporting evidence.  
  • Landlords and tenants are expected to act transparently, collaboratively, reasonably and responsibly to reach a swift resolution. At all times the aim should be to preserve viable businesses. 

 

The Bill will remove from landlords the last remaining options they have for enforcing payment of pandemic-related rent arrears and will effectively force landlords down a new arbitration route.  

The reforms will be welcomed by commercial tenants, particularly those in the hardest hit sectors. Equally though, many will be querying whether the Government has achieved the right balance between protecting tenants and the severe curtailment of the rights of commercial landlords – many of whom are also small businesses. 

About this article

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

About this article

Read, listen and watch our latest insights

art
  • 26 June 2025
  • Employment

A shift in EHRC guidance on single sex spaces in the workplace

In a recent significant shift, the Equality and Human Rights Commission (“the EHRC”) has quietly amended its guidance on single sex spaces in the workplace.

art
  • 25 June 2025
  • Immigration

Immigration Changes in Statement HC 836 – what do they mean?

The UK government has released its latest Statement of Changes to the Immigration Rules (HC 836), with shocking implementation dates throughout July 2025.

art
  • 20 June 2025
  • Privacy and Data Protection

Data Protection reform receives Royal Assent: What is the Data (Use and Access) Act 2025 (DUAA) and what it means for your business

The UK’s data protection framework is about to undergo its most significant change since the UK GDPR came into force. After months of parliamentary debate, the Data (Use and Access) Act 2025 (‘DUAA’) has successfully received Royal Assent.

art
  • 18 June 2025
  • Employment

Pride Month: How Can You Celebrate as an Employer

The UK held its first Pride Parade in 1972, inspired by events held in major American cities following the Stonewall rebellion in New York in June 1969.

Pub
  • 16 June 2025
  • Privacy and Data Protection

WhatsApp in the workplace: Is it legally safe?

In this podcast, Lucy White and Monica Mastropasqua, members of the Data Protection team at Clarkslegal, will address frequently asked questions from clients regarding the use of WhatsApp at work.

art
  • 13 June 2025
  • Employment

Human Resources – A Shift Towards artificial intelligence?

On 6 May 2025, the SRA authorised the first law firm providing legal services through artificial intelligence. Garfield.Law will provide an AI-powered tool which can assist businesses with the small claims court process, to aid in recovering unpaid debts.