Indoor hospitality (bars, restaurants, cafes, pubs); bowling alleys; bingo halls; auction houses allowed to reopen For debts that are not in scope of the binding arbitration process, landlords are able to exercise their ordinary enforcement rights in the ways they did prior to the restrictions above. Action can be taken in respect of: Whether the Applicant or the Respondent have other eligible disputes against each other concerning protected rent debt which can be consolidated, or against other parties; and

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If you set up Rent Collection from the start of a tenancy, OpenRent will never share your bank details with the tenant. Other information where available will also be generally useful to the arbitrator, such as financial accounts for each financial year after March 2019 or management accounts for each financial month/year after March 2019. This table may help landlord and tenant to understand the periods a business was mandated to close or permitted to trade during the period covered by the Act. This table is not relevant for the scope of the Act; rather, it aims to help landlords and tenants understand periods during which businesses were mandated to open and close, to provide a better understanding of when tenants could be trading. Whilst landlords and tenants are expected to negotiate taking into account their particular respective circumstances, this information could assist with negotiations over unpaid rent.

Never provide your banking account or routing numbers directly to tenants. Doing so opens the door to ACH fraud. Lastly, there are a few tenant remedies which may, if evoked by your tenants, prevent you from collecting rent as you normally would. Please be aware that the graph is only a representation for illustrative purposes. The protected period should be considered on a business-by-business basis and tenants may not fit neatly into the sectors used for representation purposes in this annex. Annex A: Illustration shows the start of the ‘protected period’ until the date that restrictions were generally lifted for that sector

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For the purpose of assessing the landlord’s solvency, a landlord is “solvent” unless the landlord is, or is likely to become, unable to pay their debts as they fall due. In assessing this, the arbitrator must, so far as known, have regard to: Individual voluntary arrangement: an individual voluntary arrangement approved under section 258 of the Insolvency Act 1986. To avoid unnecessary references to arbitration, we recommend the parties confirm any agreement reached, formally and in writing. The Act does not detail formalities for an agreement, as usual principles apply. If one party considers they have not reached an agreement so makes a reference to arbitration, but the other considers they have, then the arbitrator would assess whether there is an agreement, applying the usual tests for binding agreements.Compromise or arrangement: a compromise or arrangement sanctioned under section 899 or 901F of the Companies Act 2006. Annex Many landlords and tenants have already reached agreement on rental debts accrued during the pandemic and the government continues to encourage negotiation in respect of unresolved debts, as set out in the ‘Negotiation’ section of this Code. Where agreement cannot be reached the binding arbitration process provides a legal process for landlords and tenants, whose businesses are in scope (see section below entitled “Scope: how do I know if my dispute is eligible for arbitration?”), to have their case resolved by arbitration. Any award will be consistent with the principles set out in the Act, as detailed by this Code and consistent with the aims set out within the preceding sections. Further information on the process is set out below. Scope: how do I know if my dispute is eligible for arbitration? a. commercial information relating to a party or any other person which, if disclosed, would or might significantly harm the legitimate business interests of that person; or

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ii. if an award is made, when the time period for appeal expires without an appeal being brought – this includes an award dismissing the reference or stating that no relief is to be given; or Outdoor attractions, e.g. funfairs, theme parks, to close (in addition to indoor), but drive-in cinemas and theatres allowed to open a. any award should be aimed at preserving or, as the case may be, restoring and preserving the viability of the business of the tenant, so far as that it consistent with preserving the landlord’s solvency; and Navigating rent laws and procedures is not always a simple responsibility, but it’s one that will become routine by taking preventative measures to eliminate risks. By following the above tips, you can make rent collection a largely automatic and stress-free aspect of your business. b. regulated the way in which a business of a specified description (or part of it) was to operate, or the way in which premises of a specified description (or part of it) were to be used.

It is recommended that the applicant state whether it is party to any other eligible disputes with the respondent that can be consolidated

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Bars, restaurants, and cafes with outdoor spaces; hairdressers; indoor visitor attractions (but not underground parts) allowed to reopen Before a reference can be made to arbitration, the Act requires the parties to carry out the pre-arbitration steps: What skills do you consider appropriate for the Arbitrator? (e.g. accountant, solicitor, experience in a specific sector): Section H – Monitoring data We encourage all landlords and tenants to attempt negotiation regardless of whether the debts owed are in scope of the Act. If agreement is reached, we recommend that parties confirm this between themselves, formally and in writing. Where parties reach an agreement, the arbitration process will not override this.d. any other information relating to the financial position of the tenant that the arbitrator considers appropriate. COVID-19 and the associated closure measures have had a significant impact on the economy, particularly on the income of the hospitality, leisure and retail sectors and their supply chains. Whilst overall rent collection has increased, total rent arrears across the commercial sector remain significant.