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Housing Associations may also find it helpful to look at good practice examples in all areas of rent collection and tenant services. Some examples of this are illustrated in the Chartered Institute of Housing publication ‘Financial Inclusion and Capability’ (examples in Appendix 1 are most suited to Northern Ireland). We recognise there will be cases where landlords and tenants negotiate following the advice set out within this Code, but are, or have been, unable to reach a specific agreement. They might both feel that a negotiated outcome could still be achieved, and therefore they should consider alternative means of resolving their dispute, such as a third-party mediator who could be employed by mutual agreement of tenants and landlords to help facilitate negotiations (if the cost of this is proportionate and with the understanding both sides would bear their own costs).

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We hope this updated Code builds on its previous iteration as a helpful, go-to-guide for both landlords and tenants to consult when considering whether to apply for arbitration, or when negotiations are stalling. strategies that are proactive and focus on a preventative approach rather than being focussed mainly on reactive enforcement measures keep the Northern Ireland Housing Executive (NIHE) up to date with any changes that may affect their housing benefit The total of Technical arrears which are more than 4 weeks old and are outstanding at year end should not exceed 1% of the total of Technical arrears at year end.It is inevitable that some debts will need to be written off by the Association. There can be a variety of reasons why this will happen. The Association must have a policy that clearly sets out its strategic objectives on the write off of bad debts. The Association should ensure that: The below is a high-level summary of the relevant concepts to help landlords and tenants answer these questions. For more detail, please see section 4 of the Statutory Guidance to Arbitrators. What is a “business tenancy”? Minister Paul Scully, Parliamentary Under Secretary of State, Minister for Small Business, Consumers and Labour Markets Introduction Each relationship will need to respond to these circumstances differently. We encourage landlords and tenants to consider the principles, viability statements and evidential requirements of the Act (see Part Two below). We also recognise that there are many businesses including, for example, supply chain businesses that closed and others that may have found it uneconomical to open, that do not sit within the legislation but were impacted. Here we strongly support landlords and tenants coming together to use the principles and methods set out in the Act to negotiate and come to an agreement on outstanding rent arrears that protect the viability of the tenant business whilst not threatening the solvency of the landlord, thus benefitting the wider economy. There are certain restructuring processes available to businesses: for companies and limited liability partnerships, company voluntary arrangements (CVAs), schemes of arrangement under Part 26 of the Companies Act 2006 and restructuring plans under Part 26A; and for individuals such as sole traders, individual voluntary arrangements (IVAs). If parties enter the arbitration system and an arbitrator is appointed, a CVA, IVA, restructuring plan or scheme of arrangement which covers all or part of the protected rent debt may not be initiated for a period. This includes in Scotland (for CVAs, restructuring plans or schemes of arrangement) or Northern Ireland (for restructuring plans or schemes of arrangement).

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b. any other information relating to the financial position of the landlord that the arbitrator considers appropriate. Hospitality (pubs, bars, restaurants, cafes) for on-premises consumption; night-clubs; non-essential retailers; holiday accommodation, inc. Hotels and B&Bs; business including personal care, theatres, cinemas, gyms, leisure centres and outdoor sports facilities closed (some of these businesses were affected from 26/03, not 21/03) b. if the CVA, IVA, or ‘compromise or arrangement’ is approved or sanctioned, then the arbitration cannot progress, as an arbitrator may not be appointed, and those formal proposals set out in (a) above may not be made. If the CVA, IVA, or ‘compromise or arrangement’ is not approved or sanctioned then, once this decision has been made, an arbitrator can be appointed and the parties may make formal proposals as above, so that the arbitration can proceed. Application of the principles To provide the time to introduce and pass the Act, a moratorium on forfeiture and restrictions on the use of CRAR remained in place in England and Wales, ending on 24 March 2022. Restrictions on winding up petitions for inability to pay debts, including in relation to rent debts, applied until 31 March 2022. A temporary moratorium on other remedies and measures applies under the Act, for those in scope of the arbitration process. COVID-19 and the associated closure measures have had a significant impact on the economy, particularly on the income of the hospitality, leisure and retail sectors and their supply chains. Whilst overall rent collection has increased, total rent arrears across the commercial sector remain significant.c. reducing or writing off any interest payable by the tenant under the terms of the tenancy in relation to all or part of the debt.

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c. when the applicant can make the reference to arbitration will depend on whether the respondent has submitted a response. If the respondent has submitted a response, the reference can be made once 14 days (after the day on which the response was received) have expired. If the respondent has not submitted a response, a reference can be made after 28 days have expired beginning with the day on which the applicant served its notification.A “relevant period” is a period within the time from 2pm on 21 March 2020 until 11.55pm on 18 July 2021 (for premises in England) or 6am on 7 August 2021 (for premises in Wales). This means that if a business was subject to a closure requirement for any period within these times and dates, the tenancy was adversely affected by coronavirus. It is worth bearing in mind that the stronger and more coherent the supporting evidence provided for a formal proposal the more persuasive that proposal will be to an arbitrator. Tier 2 – Areas of Cheshire, Derbyshire, Lancashire, West & South Yorkshire, Durham, Northumberland, Tyne & Wear, Tees Valley, West Midlands, Leicestershire, Nottinghamshire, Greater Manchester. The Department has made a new Determination which comes into operation from 24th March 2016, to give registered HAs the flexibility and discretion to apply rent increases not exceeding annual NIHE rent increases for tenants in Controlled Tenancies only. In effect, this provides that registered HAs may continue to apply rent increases to these tenancies in line with NIHE rent increases, or they may apply a lower rate of increase.