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The Business Tenancies (Protection from Forfeiture: Relevant Period) (Coronavirus) (England) Regulations 2021

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Statutory Instruments

2021 No. 283

Landlord And Tenant, England

The Business Tenancies (Protection from Forfeiture: Relevant Period) (Coronavirus) (England) Regulations 2021

Made

9th March 2021

Laid before Parliament

10th March 2021

Coming into force

31st March 2021

The Secretary of State, in exercise of the power conferred by section 82(12) of the Coronavirus Act 2020(1), makes the following Regulations:

Citation, commencement and application

1.—(1) These Regulations may be cited as the Business Tenancies (Protection from Forfeiture: Relevant Period) (Coronavirus) (England) Regulations 2021 and come into force on 31st March 2021.

(2) These Regulations apply in relation to England.

Extension of “relevant period”

2.  30 June 2021 is specified for the purposes of paragraph (b) in the definition of “relevant period” in section 82(12) of the Coronavirus Act 2020(2).

Revocation

3.  The Business Tenancies (Protection from Forfeiture: Relevant Period) (Coronavirus) (England) (No. 3) Regulations 2020(3) are revoked.

Signed by authority of the Secretary of State for Housing, Communities and Local Government

Eddie Hughes

Parliamentary Under Secretary of State

Ministry of Housing, Communities and Local Government

9th March 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

Section 82 of the Coronavirus Act provides that a right of re-entry or forfeiture, under a relevant business tenancy, for non-payment of rent may not be enforced, by action or otherwise, during the relevant period. “Relevant period” is defined in subsection (12) as the period starting with the day after Royal Assent and ending with 30th of June (or such later date as may be specified in regulations).

The relevant period was extended to 30th September 2020 by the Business Tenancies (Protection from Forfeiture: Relevant Period) (Coronavirus) (England) Regulations 2020 (S.I. 2020/602). It was further extended to 31st December 2020 by the Business Tenancies (Protection from Forfeiture: Relevant Period) (Coronavirus) (England) (No. 2) Regulations 2020 (S.I. 2020/994) and to 31st March 2021 by the Business Tenancies (Protection from Forfeiture: Relevant Period) (Coronavirus) (England) (No. 3) Regulations 2020 (S.I. 2020/1472).

These Regulations provide that the relevant period is extended to 30th June 2021. They also revoke S.I. 2020/1472.

A full impact assessment has not been produced for this instrument due to the temporary nature of the provision.

(1)

2020 c.7 See section 82(12) for the meaning of “relevant national authority”.

(2)

Paragraph (b) of the definition of “relevant period” in section 82(12) provides the power to extend the relevant period. That period was extended to 30th September 2020 by S.I. 2020/602, to 31st December 2020 by S.I. 2020/994 and to 31st March 2021 by S.I. 2020/1472.

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