The Rent Collector

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a. if the tenant is a debtor under a CVA, IVA, or ‘compromise or arrangement’ relating to any protected rent which has been proposed or applied for and is awaiting a decision, then the parties are not prevented from making a reference to arbitration. However, an arbitrator may not be appointed, and no formal proposal may be made by the respondent or no revised formal proposal by either party, whilst the decision is pending; or The following guidance on negotiation is non-statutory and can be used by parties both inside and outside of the arbitration system under the Act to facilitate constructive dialogue. Where they can afford to do so, the Code states that a tenant should meet their obligations under their lease in full.

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For parties in scope of the Act, if a tenant pays rent after the protected period (see Annex A) and either before or during the moratorium period, without appropriating it to a particular period, it must be used for unprotected rent before it can be used to cover protected rent (explained in Part Two). Part One: Non-statutory guidance applicable to all tenancies b. information concerning an individual’s private affairs whose disclosure would or might significantly harm that individual’s interests. Landlords cannot use a tenant’s failure to pay protected rent debt during the moratorium period, to oppose an application for a new tenancy due to persistent delay in paying rent, under section 30(1)(b) of the Landlord and Tenant Act 1954. However, the Act does not affect delays in paying other rent that is not protected by the Act. A “closure requirement” is a requirement specified in coronavirus regulations to close either premises (or parts of premises), or businesses (or parts of businesses) of a specified description. It does not matter if certain limited activities were allowed at the premises as an exception to the closure requirement. If businesses that were required to close their business or premises were still allowed by the regulations to do certain activities, these activities should be disregarded when determining whether a tenancy was adversely affected by coronavirus and so within scope of the arbitration process. 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.offer basic money advice and be aware of the need to refer more vulnerable tenants on to floating support or external agencies a. the arbitrators’ principles (see section below on ‘Application of the Principles’) require that an award preserves the landlord’s solvency. To assess the landlord’s solvency, its liabilities under other tenancies must be taken into account as part of its financial position. Landlords can therefore raise their own obligations to pay rent, when demonstrating their ability to afford concessions; and Where either party chooses not to use alternative dispute resolution or the process used failed to resolve the dispute, the parties would not be prevented from applying for statutory arbitration (even if the alternative process was mandatory under the lease). See further information on alternative dispute resolution. Part Two: The Commercial Rent (Coronavirus) Act 2022 The total of Technical arrears which are more than 4 weeks old and are outstanding at year end should not exceed 1% of the total of Technical arrears at year end.

The Rent Collector, by Camron Wright

The Department would adopt the view that tenants have a responsibility to pay their rent on time and equally Social Landlords have a responsibility to maintain and sustain tenancies. There will however be occasions when failure by a tenant to pay rent may result in more serious action being taken resulting in court action and eventual eviction. Eviction should always be viewed as a last resort and should only be used when all other avenues have been exhausted. Eviction has high social and economic costs for both the tenant and the Association and frequently results in the debt being unpaid and the Social Landlord left to pay court costs. Therefore, the Department would urge all Social Landlords to place an increasing emphasis on alternative approaches with a focus on preventative, rather than reactive, strategies. This Code is therefore intended to assist landlords and tenants in resolving disputes relating to rent owed as a result of premises having been closed or having had business restricted during the COVID-19 pandemic. The Code seeks to do this by: At the core of Sang Ly’s desire to learn to read is to give her son something to look forward to and an opportunity to provide a path out of the dump and change the trajectory of NIsay’s life. consider providing/taking part in a Money Advice Market or roadshow which provide tenants with the ability to speak to a range of money advice organisations on in one place on an allocated dateLandlords and tied pub tenants in England and Wales may be within scope of the Act and at the same time within scope of the Pubs Code: The Pubs Code etc. Regulations 2016. The Act does not affect the provisions of the Pubs Code. Stage 2: Arbitrator’s determination of eligibility (inc. viability of the tenant’s business) Lastly, there are a few tenant remedies which may, if evoked by your tenants, prevent you from collecting rent as you normally would. Prevention is always better than the cure” and this is never more apparent than in the area of managing rent collection. It is generally accepted that it will cost the Association less to collect rents due rather than to chase arrears. Social Landlords should have regard for their social responsibilities and make sure that tenants’ are aware of theirs. Early intervention with the tenant is imperative in creating a culture of social responsibility for both tenants and Social Landlords. Associations should: advise tenants that it is in their best interests to attend court hearings and encourage them to attend Read the 2018 Global Multidimensional Poverty Index (MPI) which is an annual report on poverty. People who experience deprivation in 1/3 or more of the 10 indicators fall in the category of multidimensionally poor. Consider a group discussion on poverty around the globe, including topics such as where it is most acute, where positive strides have been made in combatting the root causes of poverty and countries where there has been a significant shift.