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. 

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.

Author profile

About this article

Read, listen and watch our latest insights

art
  • 22 December 2025
  • Corporate and M&A

Corporate law in 2025 and looking forward to 2026

2025 has been a transformative year, with a massive paradigm shift from ‘deregulation’ to ‘transparency and accountability’ at Companies House.

Pub
  • 22 December 2025
  • Privacy and Data Protection

GDPR Packages

Our comprehensive GDPR Packages are designed to help organisations navigate the complexities of data protection and ensure compliance with regulatory requirements.

art
  • 18 December 2025
  • Employment

Employment Law: Looking back at 2025 and what to expect in 2026

2025 has certainly been an interesting year for employment law. While the Employment Rights Bill has pulled much of the focus since it was introduced in October 2024, there have been other important updates this year as well.

art
  • 18 December 2025
  • Corporate and M&A

Deal Announcement: Clarkslegal’s corporate lawyers advise on the sale of Chatterbox Labs Limited to subsidiary of American tech giant

Clarkslegal’s corporate team, led by Senior Consultant Jon Chapman and supported by Senior Solicitor Emma Docking, advised the founders of Chatterbox Labs Limited on the sale of the AI security specialist to Red Hat, Inc., a wholly owned subsidiary of IBM.

art
  • 16 December 2025
  • Employment

Christmas Parties – Festive Fun or a New Year Hangover?

It’s Christmas party season! The office party is often a mixed blessing – an opportunity to boost morale and perhaps celebrate a successful year yet also a melting pot of workers letting their hair down, with potential for accidents, injuries, threats and claims.

art
  • 10 December 2025
  • Privacy and Data Protection

The 12 Data Protection Mistakes of Christmas

As the festive season approaches, it is not just last-minute shopping and office parties that can catch organisations off guard; data protection slip-ups are just as common.