There are very few details of the Government’s proposals.
The Government may need to introduce a framework or directions for negotiations and arbitration. A mandatory Code of Practice for landlord and tenant relations could be introduced as a result. This may include a write-off element of outstanding debt but it remains unclear at this stage.
There may be a significant number of cases where landlords and tenants cannot agree. The Government will then need to scale up existing resources to support the number of arbitration cases anticipated. This may require a rethink in how cases are decided and by whom. This might involve the use of independent experts who could be drawn from legal, surveying and financial backgrounds and could decide cases on their merits and their experience.
A proportion of tenant debt is likely to be ring fenced and protected. This may only address arrears up until 19th July 2021, when businesses were allowed to fully reopen. However, this approach would not acknowledge the time it takes for businesses to recover, particularly those burdened with loans.