Key Facts

• Clause 15 addresses arbitrator’s principles.
• New clause 1 proposes a review by the Secretary of State within three months post-passage to assess consistent interpretation.
• The review will consider published awards and may lead to guidance amendments.
• Arbitration bodies will only appoint suitable and impartial arbitrators.
• The government expects all applications to arbitration within six months of the Bill being in force.
• Clause 16 outlines factors for assessing landlord solvency and viability of a tenant’s business, including non-exhaustive evidence listed in annex B of the code of practice.
• Under clause 17, arbitrators are required to make an award as soon as practicable or within 14 days if there is an oral hearing.
• Amendment 4 moves to require the Secretary of State to specify limits on arbitration fees.
• Amendment 5 adds consideration for accessibility and affordability in setting arbitration fee limits.
• There is concern about high arbitration costs affecting struggling businesses.
• Amendment 6 would require the Secretary of State to publish guidance on the exercise of arbitrators’ functions and making references to arbitration.
• Amendment 7 proposes that guidance must provide further information on assessing 'viability' and the relevant timescale for this assessment.
• Amendment 8 in schedule 2 aims to include claims against guarantors.
• The amendment would clarify the definition of 'debt claims'.
• Stewart Hosie supports the clause standing part of the Bill.
• Clause 23 prevents rent debts from being collected during a moratorium period.
• Schedule 2 outlines detailed measures preventing landlords from making debt claims or using commercial rent arrears recovery powers.
• Amendment 8 seeks to clarify protections for guarantors and head lessees.
• Clause 26 prevents landlords from petitioning for winding-up businesses due to protected rent debt.
• Schedule 3 supports viable businesses by allowing debts to be resolved through arbitration.
• Paragraph 3 of schedule 3 ensures existing bankruptcy orders made before the Bill's enactment will have no power regarding future rent arrears.
• The Bill includes clauses enabling measures in Northern Ireland at their discretion.
• Clause 29 binds the Crown where it is a landlord under business tenancies covered by the Bill.
• The extent of the Bill is carefully considered for England and Wales, with limited provisions extending to Northern Ireland and Scotland.