Commercial Rent (Coronavirus) Act 2022
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Change 1
13 Arbitration awards available
(1) This section sets out the awards open to the arbitrator on a reference under this Part. (2) If the arbitrator determines that— (a) the parties have by agreement resolved the matter of relief from payment of a protected rent debt before the reference was made, (b) the tenancy in question is not a business tenancy, or (c) there is no protected rent debt, the arbitrator must make an award dismissing the reference. (3) If, after assessing the viability of the tenant’s business, the arbitrator determines that (at the time of the assessment) the business— (a) is not viable, and (b) would not be viable even if the tenant were to be given relief from payment of any kind, the arbitrator must make an award dismissing the reference. (4) Subsection (5) applies if, after making that assessment, the arbitrator determines that (at the time of the assessment) the business— (a) is viable, or (b) would become viable if the tenant were to be given relief from payment of any kind. (5) In that case the arbitrator must resolve the matter of relief from payment of a protected rent debt by— (a) considering whether the tenant should receive any relief from payment and, if so, what relief, and (b) making an award in accordance with section 14.
13 Arbitration awards available
(1) This section sets out the awards open to the arbitrator on a reference under this Part. (2) If the arbitrator determines that— (a) the parties have by agreement resolved the matter of relief from payment of a protected rent debt before the reference was made, (b) the tenancy in question is not a business tenancy, or (c) there is no protected rent debt, the arbitrator must make an award dismissing the reference. (3) If, after assessing the viability of the tenant’s business, the arbitrator determines that (at the time of the assessment) the business— (a) is not viable, and (b) would not be viable even if the tenant were to be given relief from payment of any kind, the arbitrator must make an award dismissing the reference. (4) Subsection (5) applies if, after making that assessment, the arbitrator determines that (at the time of the assessment) the business— (a) is viable, or (b) would become viable if the tenant were to be given relief from payment of any kind. (5) In that case the arbitrator must resolve the matter of relief from payment of a protected rent debt by— (a) considering whether the tenant should receive any relief from payment and, if so, what relief, and (b) making an award in accordance with section 14.
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