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Joanna Lampert in EG magazine on new arbitration process for COVID-19 commercial rent debts

Posted on 11 November 2021

Joanna Lampert, a partner in the property litigation team at Mishcon de Reya, was quoted in EG in relation to the Government's new Bill and revised Code of Practice dealing with commercial rent debts accrued because of the pandemic.

Joanna said: “The government has made clear that the new arbitration scheme is intended to be used only as a last resort where landlords and tenants have been unable to resolve unpaid rent disputes between them. The scheme seems to strike a reasonable balance between the interests of landlords and tenants with the intention of providing a relatively quick and cost-effective means of resolving disputes.

“Underpinning the scheme are two key principles. Firstly, that an arbitration award should be aimed at preserving the viability of a tenant’s business, so far as that is consistent with preserving the landlord’s solvency. The second principle is that a tenant should meet its obligations regarding payment in full and without delay provided that its viability is protected.

“Having regard to those principles, it is to be hoped that those landlords and tenants who have yet to resolve their disputes will, in the majority of cases, be able to reach agreement without recourse to arbitration.”

For EG's news story, click here (subscription required)

For a longer analysis, co-authored by Joanna Lampert and Johnny Kelly, please click here (subscription required)

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