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Commercial Rent (Coronavirus) Act 2022 arbitration (Nkafu), 2 November 2023 (Chartered Institute of Arbitrators (CIArb))

Why it matters

Part of the published record of the Commercial Rent (Coronavirus) Act 2022 arbitration scheme, run by CIArb as an approved arbitration body; arbitrator Nkafu. It matters as a concrete application of the only bespoke statutory arbitration scheme created for pandemic rent arrears: how an arbitrator assessed viability, the protected rent debt, and what relief was granted. A citable UK example, with the full award at the linked original.

Summary

An arbitral award under the Commercial Rent (Coronavirus) Act 2022, administered and published by the Chartered Institute of Arbitrators (CIArb) as an approved arbitration body, decided by arbitrator Nkafu, dated 2 November 2023. The Act created a bespoke statutory arbitration scheme to resolve ring-fenced 'protected rent debt', the commercial rent that built up while businesses were ordered to close during the pandemic. The arbitrator must preserve the viability of the tenant's business so far as that is consistent with preserving the landlord's solvency, and may write off part of the debt, reschedule it, or dismiss the reference. Party names are anonymised by CIArb under section 18 of the Act, so the parties are recorded here as applicant (tenant) and respondent (landlord). This entry links directly to the published award on the CIArb website, which sets out the case reference, the protected rent debt assessed, and the relief granted. For a UK practitioner it is a primary source on how the Covid rent-arbitration scheme was applied in practice; read the original for the figures and reasoning.

The detail

Parties: Applicant (tenant) v Respondent (landlord); parties anonymised under section 18 of the 2022 Act.

Applicable law: Commercial Rent (Coronavirus) Act 2022; English law; seat London.

Issues in play: Relief from a protected rent debt: balancing the tenant's business viability against the landlord's solvency.

Arbitrators: Nkafu

Read the full decision at Chartered Institute of Arbitrators (CIArb) ↗

Locus Standi links to the source decision and publishes its own plain-language summary. It does not reproduce the text of the award.

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