On the 16 June 2021 the Government announced yet another extension of the restriction on bringing winding up petitions and statutory demands against businesses, to the end of September 2021. This restriction, which was due to end on the 30 June 2021, is a further extension to provide business with “breathing space” from what the Government considers to be “aggressive” creditor action during the pandemic. It is to be noted that the restriction applies to businesses where its debts relate to the pandemic.
Additionally the Government has extended the “moratorium” on a landlord’s ability to take action in respect of commercial rent arrears. The moratorium on the ability to take any such action was originally due to end on the 30 June 2021 but this has now been extended to the 25 March 2022. Therefore unless the Government guidance changes landlords of commercial properties will be unable to take action to evict their tenants or exercise Commercial Rent Arrears recovery action (in most cases) for non-payment of rent until after 25 March 2022.
Whilst there is no restriction on a landlord bringing court proceedings in respect of unpaid rent it would seem that one option would be for the landlord to wait until the end of September 2021 (subject to this not being extended further) and consider serving a statutory demand or presenting a winding up petition against its commercial tenant; in some cases this might end up being the most commercial and cost effective route for recovery of commercial premises if that is the ultimate aim of the landlord.
For advice about statutory demands and or winding up petitions please contact Leanne Schneider-Rose l.Schneider-rose@sydeymitchell.co.uk on 0121 698 2211.
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