header-logo header-logo

Landlord & tenant disputes: is compulsory arbitration coming?

11 August 2023 / Edward Peters KC , Kavish Shah
Issue: 8037 / Categories: Features , Intellectual property , ADR
printer mail-detail
133398
COVID laid the groundwork for mandatory arbitration for commercial leases: could it now be on the way for landlord & tenant disputes more broadly? Edward Peters KC & Kavish Shah set out the advantages
  • The mandatory arbitration procedure for commercial leases introduced under the Commercial Rent (Coronavirus) Act 2022 may provide a blueprint for compulsory arbitration for Landlord and Tenant Act 1954 disputes.
  • Such a procedure would ensure specialist expertise on the part of the arbitrator, and may reduce strain on the court system and require fewer public resources.

The Commercial Rent (Coronavirus) Act 2022 (CR(C)A 2022) introduced, for the first time in England and Wales, a mandatory arbitration procedure for commercial leases. Mandatory arbitration procedures for resolving various kinds of landlord and tenant disputes under agricultural tenancies have, however, been in place successfully for many decades. Now, there are suggestions that the Law Commission’s proposals for reforms to Part II of the Landlord and Tenant Act 1954 (LTA 1954) may also include proposals

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Laytons ETL—Scott Hilton & Simon Jones

Laytons ETL—Scott Hilton & Simon Jones

City firm launches real estate corporate team to meet growing client demand

Talbots Law—Clare Regan & Lucy George

Talbots Law—Clare Regan & Lucy George

Midlands firm appoints head of real estate development

Charles Russell Speechlys—Libby Elliott

Charles Russell Speechlys—Libby Elliott

Corporate, restructuring and insolvency offering grows with partner hire

NEWS
Personal injury lawyers have urged parliamentarians to reject plans to enact an extra defence in civil cases where child sexual abuse is alleged
The Legal Services Board (LSB) has launched a post-Mazur regulatory review into litigation rights, and is fast-tracking an application from CILEX
The Court of Appeal has upheld the principle of core immunity for advocates, in an important judgment
The Bars, Faculty of Advocates and law societies of England and Wales, Scotland and Northern Ireland have come together to accuse politicians of putting lawyers at risk through their use of ‘irresponsible and dangerous’ language
The beleaguered TA6 property form has been re-released after almost a year of tests with a working group of residential conveyancers
back-to-top-scroll