REArbitration in Action Again

Update on commercial rent arbitrations

Summary

Further to our previous analysis of arbitration awards,  there are now (at the time of writing) 10 published awards made by Falcon Chambers Arbitration since the arbitration scheme created by the Commercial Rent (Coronavirus) Act 2022 (the Act) came into effect.  We have examined the 4 latest awards and set out the takeaway points.

Awards

TPIF (Portfolio No.1 GP) LLP TPIF (Portfolio No.1) Nominee Limited and Nuffield Health

• a landlord's proposal for the tenant to pay the entirety of its arrears without deferment constitutes a valid proposal for the purposes of the Act
• the tenant did not engage in the arbitration process and the arbitrator determined that the tenant should pay the debt in its entirety, further interest that had accrued and reimburse the landlord for the arbitrator's costs.