31
Accepted
We welcome the steps taken by the Government to address the issue of covid-19 related...
Recommendation
We welcome the steps taken by the Government to address the issue of covid-19 related commercial rent arrears. Alongside the legislation that the Government has introduced, explicit guidance will be required to define exactly what is meant by ringfencing arrears and the periods to which ringfencing applies. As well as differences by sector, this guidance must take into account local restrictions.
Government Response Summary
The government has accepted this recommendation, having already published the Commercial Rents Code of Practice on 9 November 2021, which provides explicit guidance defining ringfenced arrears, applicable periods by sector, and accounting for local restrictions as requested.
Paragraph Reference
136
Government Response
Accepted
Government Response
Accepted
HM Government
Accepted
On 9 November 2021, alongside introduction of the Commercial Rents (Coronavirus) Bill, Government published a new Commercial Rents Code of Practice (https://www.gov.uk/ government/publications/commercial-rents-code-of-practice-november-2021). The Code aligns with this legislation and sets out what the arbitration process provided for in the Bill will look like, as well as what is meant by ringfenced arrears, which can be found in the section of the Code entitled ‘Scope’. The Code also sets out the periods to which ringfencing applies in Annex A by providing the dates in which mandatory closures (in full or in part) were enforced by Government, by sector and accounting for local restrictions, across England and Wales. The table as laid out in the Code is intended to help parties understand the periods a business was mandated to close or permitted to trade within the ringfenced period. Government has published further guidance for arbitrators to assist in the delivery of the scheme.
Source
Report
Sixth Report - Supporting our high streets after COVID-19
10 Dec 2021
HC 37
Addressee Bodies
Ministry of Housing, Communities and Local Government
Timeline
Recommendation age
4.6 yrs
Report published
10 Dec 2021