Commercial Rent (Coronavirus) Act 2022—private education arrears, 21 Mar 2020–Mar 2021

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The Commercial Rent (Coronavirus) Act 2022 (CR(C)A 2022) applies to ‘protected rent debts’ which are, broadly:

amounts for rent, service charges, interest and value added tax (VAT)
payable under a tenancy to which Part II of the Landlord and Tenant Act 1954 (LTA 1954, s 23) applies (including where contracted out), provided that:
all or part of the business or the premises were required by coronavirus (COVID-19) regulations to close; and
the sums relate to the ‘protected period’, running from 21 March 2020 until the earlier of:
- the final day the business or premises had to close, or were subject to regulation governing the way the business operated or the use of the premises; and
- in England, 18 July 2021, and in Wales, 7 August 2021

Accordingly, it is important to determine whether a private education facility falls within the scope of the LTA 1954—which depends on the tenancy satisfying LTA 1954, s 23. The definition of ‘business’ in LTA 1954, s 23(2) requires a distinction between tenants who are individuals and tenants who are bodies of persons...

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Web page updated on 27/05/2026

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