About this deal
i. Part One of this Code applies to all business tenancies and sets out the behaviours expected of landlords and tenants including when they are in negotiation.
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The Act requires the arbitrator to consider certain factors when assessing the viability of the tenant’s business (whether at Stage 2 or Stage 3). Other information where available will also be generally useful to the arbitrator, such as financial accounts for each financial year after March 2019 or management accounts for each financial month/year after March 2019. Arbitrators are aware that smaller businesses may find it challenging to provide predictions on their future profitability, detailed financial records, or liquidity or other ratios as compared to a larger business. d. any other information relating to the financial position of the tenant that the arbitrator considers appropriate. We encourage parties to negotiate as far as possible using the advice in the ‘Negotiation’ section of this Code.Leaders’ Property Managers are highly experienced, and dedicated to caring for a portfolio of properties. 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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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. The volume of evidence examined should be proportionate to the scale and complexity of the tenant’s business. Doing so can cause you to have to wait out the new term and start the entire eviction process over again. However, an arbitrator may not be appointed, no formal proposal may be made by the respondent, and neither party may make a revised formal proposal, whilst the decision is pending.
If both parties request an oral hearing, they are jointly and severally liable to pay the hearing fees in advance. We hope this Code will help provide options for tenants and landlords to discuss, and that this will in particular help smaller businesses without access to significant legal or other resources. If an award gives relief from payment, it alters the terms of the tenancy in relation to the protected rent debt, so that the tenant no longer has an obligation to pay the original debt as under the tenancy but must pay in accordance with the award. However, despite the conveniences of online rent collection and automation, you may still encounter several problems when collecting rent from your tenants. We recommend that parties adhere to these behaviours to assist during negotiations including, for example, where parties decide not to apply for arbitration or are not eligible to apply.