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after service of notice and before court, have you written several letters and visited on a weekly basis? The individual circumstances of each Association will be taken into account by the Inspection Team when deciding what procedures can reasonably be expected to be in place. Tenants are encouraged to communicate clearly to landlords which period of rent a payment is for, and to set this out in writing, even if the landlord agrees. It is primarily for the tenant to demonstrate the viability of their business so tenants are advised to compile the necessary evidence and explanations in advance of arbitration proceedings, considering the below.

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Where agreement cannot be reached, the parties must carry out the pre-arbitration steps before a reference can be made to arbitration. This policy should be published and must aim to fit within the wider goals of the housing provider and the strategic context within which it operates. Although guidance on the Act will be of most relevance to landlords and tenants with disputes that are in scope of the Act, non-eligible landlords and tenants may find it useful to refer to the Act’s underlying principles when attempting to resolve unpaid rent debt via negotiations. A tenant that complies with an award under the Act will not be in breach of the tenancy on the grounds that they did not pay an amount written off by the award, nor that they paid later than the tenancy originally required. The Department would adopt the view that tenants have a responsibility to pay their rent on time and equally Social Landlords have a responsibility to maintain and sustain tenancies.With that in mind, to the extent it is able to do so, the tenant may wish to consider producing some of the evidence listed in the table of indicators to help the arbitrator. We encourage parties to negotiate as far as possible using the advice in the ‘Negotiation’ section of this Code. In making this assessment, the arbitrator must disregard the possibility of the tenant borrowing money or restructuring their business. Our recommendation would be for the applicant (or respondent) to indicate to the approved arbitration body that there are multiple eligible disputes which could be consolidated into a single set of arbitration proceedings. This is because there may be significant advantages to consolidating proceedings, including a reduction in the cost of arbitration, an increase in the speed of resolution and a reduction in inconsistent arbitration awards.

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Forbes Communications Council is an invitation-only community for executives in successful public relations, media strategy, creative and advertising agencies. For tenancies within scope of the Act, landlords may not during the moratorium period (as described at paragraph 121 above) enforce a right of forfeiture or re-entry for non-payment of protected rent debt.Where either party chooses not to use alternative dispute resolution or the process used failed to resolve the dispute, the parties would not be prevented from applying for statutory arbitration (even if the alternative process was mandatory under the lease). This Code provided clarity for both tenants and landlords, encouraging them to work together on resolving unpaid rent.

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Therefore, the Department would urge all Social Landlords to place an increasing emphasis on alternative approaches with a focus on preventative, rather than reactive, strategies. Consideration should also be given to Associations setting up a Housing Community Network Forum similar to that within the Northern Ireland Housing Executive who can assist with the development and quality assurance of letters and leaflets. This prevents giving authorisation to an agent to exercise CRAR in relation to protected rent debt, the agent giving notice of enforcement to the tenant in relation to protected rent debt, and including protected rent debt in a calculation of net unpaid rent for the purposes of CRAR. If they do so, the Act requires the court to stay the proceedings, so that the dispute can be resolved by arbitration (or by other means). The parties submit formal proposals which put forward what relief (if any) the tenant should get from payment of the protected rent debt applying the principles of section 15 of the Act and accompanied by supporting evidence.Eviction should always be viewed as a last resort and should only be used when all other avenues have been exhausted. A “business tenancy” is a tenancy to which Part II of the Landlord and Tenant Act 1954 (the “1954 Act”) applies, i.