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No cliff edge for tenants - but what's on the horizon for commercial landlords?

It was no surprise to see yesterday's government announcement confirming that the current restrictions on landlords’ remedies for commercial rent arrears are being extended - with the ban on forfeiture now in place until the end of June 2021 and the restrictions on CRAR due to be similarly extended.

The government also repeated its intention to launch a review of commercial landlord and tenant legislation later this year.  It listed a broad range of issues to be considered, including the Landlord & Tenant Act 1954, different models of rent payment, and the impact of Coronavirus on the market.  It sounds a surprisingly large task given how much the government already has on its plate, particularly when you consider that a draft bill to change the law of forfeiture was proposed by the Law Commission almost 15 years ago and has never been progressed.

Nonetheless, landlords and tenants should take seriously the government's call for feedback - particularly on the progress of parties' negotiations to deal with COVID-19 rent arrears.  This evidence will influence how the government decides to deal with the withdrawal of the current restrictions on landlords' remedies and it will therefore be important for both sides of the story to be represented.  

We are therefore launching a call for evidence on commercial rents to help monitor the overall progress of negotiations between tenants and landlords. The call for evidence will also set out potential steps that government could take after 30 June, ranging from a phased withdrawal of current protections to legislative options targeted at those businesses most impacted by COVID-19. We would welcome a broad range of feedback to this call for evidence.

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