UK - Commercial rent arrears and Covid-19: forfeiture, winding-up petitions and the use of CRAR

Throughout the current pandemic, there have been remedies available to commercial landlords in relation to unpaid rent arrears and other tenant breaches - though the introduction of the Corporate Insolvency and Governance Act 2020 had a significant impact on insolvency-based enforcement options.

At present, the restrictions on exercising forfeiture, Commercial Rent Arrears Recovery (CRAR), and presenting a winding-up petition - for unpaid commercial rent arrears – have all been further extended to 31 March 2021.

To be clear, the position in relation to the remedies which otherwise remain available to commercial landlords in the case of both rent arrears and other tenant breaches remains unchanged from previous guidance.

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