The Commercial Rent (Coronavirus) Act 2022 is now in force, having received Royal Assent. The Act ends the moratorium on Commercial Rent Arrears Recovery (CRAR) and forfeiture of lease, which came into effect at the end of March 2022.

The Act introduces immediate and widespread changes to the existing array of moratoria on enforcement action. There is now a protected period within which debt on rent arrears may not be remedied by CRAR or forfeiture. The protected period, in relation to a business tenancy adversely affected by coronavirus, is the period beginning 21st March 2020 and ending 18th July 2021 (in England) or 7th August 2021 (in Wales).

If the debt in question falls within that period, then the new arbitration process should be the normal remedy. If, however, the debt falls outside of the protected period then the CRAR and Forfeiture remedies are now available to the Landlord once again.

For advice on this matter please call us on 01782 646320