Further to our previous blog outlining the new rules about payment and collection of unpaid commercial rent, our first alert looks at the new Code of Practice in detail. This answers questions relevant to both commercial landlords and tenants who have yet to start or are in the process of negotiating payment of rent arrears … Continue Reading
Landlords and tenants have both had their own struggles with paying or recovering rent during the COVID-19 pandemic. Rent arrears accrued during 2020 as sectors, such as retail and hospitality, remained closed for a large part of the year and in an effort to support businesses get back on their feet, landlords were prohibited from … Continue Reading
The UK Government has today indicated what will happen at the end of the month, when the temporary restrictions on winding up petitions are due to lift.… Continue Reading
Following the pivotal decisions in the New Look and Regis CVA challenge cases, where do the findings in those cases leave retailers, landlords and insolvency practitioners? In a series of alerts we will consider the key takeaways for landlords, the position of retailers and the impact of the findings for insolvency practitioners. Albeit that the … Continue Reading
There is a faint light at the end of the COVID tunnel for commercial landlords regarding timings and the ability to recover unpaid rent arrears. The UK Government has announced an extension to the current prohibition on forfeiture and winding up petitions, to enable it to introduce new legislation to help manage the £6bn estimated … Continue Reading
If administrators use leased property for the benefit of the administration, rent is payable to the landlord for the period of occupation, as an expense of the administration. In London Bridge Entertainment, the court considered whether the administrators were obliged to top up a rent deposit where the landlord had taken monies from the rent … Continue Reading
Retail remains a challenging market but there are a number of ways retailers can proactively manage their property portfolio costs to address those challenges. In our video partners Prew Lumley and John Alderton consider practical options for tenants when negotiating with landlords, including recent trends with Company Voluntary Arrangements. Thinking smart and being proactive may … Continue Reading
Can a CVA bind a landlord in respect of future rents? Is the landlord a creditor in respect of future rent? What about the right to forfeit; can a CVA modify that right? Is compromising rent under a CVA automatically unfair to landlords when other trade creditors are paid in full? These were some of … Continue Reading