14Lessor not to punish protected lessee for ceasing normal trading during financial hardship period

14 Lessor not to punish protected lessee for ceasing normal trading during financial hardship period

(1)  A lessor in relation to a protected lease –

(a) must not, at any time during or after the end of the financial hardship period –

(i) exercise, in relation to the protected lessee, any right, for a relevant reason; or

(ii) make any claim, for a relevant reason; and

(b) does not, during or after the end of the financial hardship period, have a cause of action, or any remedy, in relation to a relevant reason; and

(c) must not, during or after the end of the financial hardship period, levy any penalty, that, but for this section, would be payable by the lessee because of a relevant reason.

(2)  For the purposes of subsection (1) , a relevant reason is that the lessee has, during all or any part of the financial hardship period –

(a) ceased to trade or indicated that the lessee may cease to trade; or

(b) ceased to carry on a business, trade or profession or indicated that the lessee may cease to carry on a business, trade or profession; or

(c) ceased to remain open to the public or customers for the purposes of trading or carrying on a trade or profession; or

(d) indicated that the lessee may cease to remain open to the public or customers for the purposes of trading or carrying on a trade or profession.

(3)  A lessor in relation to a protected lease must not, during or after the end of the financial hardship period –

(a) apply, to a protected lessee, any prohibition; or

(b) levy any penalty –

that, but for this section, would apply or be payable by the lessee because the lessee has ceased, or indicated that the lessee may cease, during all or any part of the financial hardship period –

(c) to remain open for trading; or

(d) to carry on a business, trade or profession –