Tier 3 and your commercial property

By Farleys Solicitors LLP

22 Oct 2020

ashlea-thornton.jpg

As Lancashire and Greater Manchester are now in Tier 3 of the new COVID-19 restrictions, Ashlea Thornton from Farleys Solicitors takes a look on the impact this may have on commercial property during this time.

Many bars and pubs are being forced to close, as establishments are no longer allowed to serve alcohol unless it is done so with a substantial meal. Whilst Government relief is expected for business owners, it is not yet known what form this will take and many will be left wondering how they will pay their rent.

The Coronavirus Act and relief options for business properties

Section 82 of the Coronavirus Act 2020 suspended the forfeiture of commercial leases for non-payment of rent until 31 December 2020 and it’s likely that this period will be extended further given the current circumstances. Tenants should however note that this is not a rent holiday as rents are not being formally suspended; they will still be due and once the moratorium period is finally lifted, landlords will be able to forfeit leases if rents have not been paid.

It’s also important to understand that the Coronavirus Act does not suspend a landlord’s right to forfeiture should a tenant become bankrupt or go into administration. This means that a landlord could in theory, seek to make their tenant bankrupt as a means to giving up the lease. Many may, however, see this as a waste of further resources, particularly in those instances where a tenant is genuinely unable to operate their business, and choose instead to either wait until the moratorium is lifted or until the business is able to operate again and agree with the tenant a repayment plan.

In addition, Section 82 of the Act only applies to commercial leases which are within the Landlord and Tenant Act 1954, and does not apply to leases of 6 months of less in duration or to licences to occupy and so any tenants who occupy premises outside of those parameters do not have the protections discussed above.

The Coronavirus Act has also established that a landlord is unable to enforce commercial rent arrears recovery (CRAR), which is a procedure whereby landlords can recover rents owed to them by taking control of their tenant’s goods and selling them) until 189 days of rent is outstanding. This was an increase on the previous 7 days. This protection for tenants has also been extended until the end of 2020, offering tenants further protection. Again, it should be noted that these protections are not extended to all tenants and those for whose lease has expired or occupy a mixed-use premises are not covered by them.

What other options are there for Landlords and Tenants?

Landlords and tenants may be able to use this period to agree to draw down rent due from any rent deposits which are held and agree that the usual top up times for the deposits be extended past the usual 10-day period.

If you are a tenant, review your lease to establish when your next break clause is. It is usual that a minimum of 6 months notice of a tenant’s intention to break a lease is required and you should therefore think ahead as to if this may, unfortunately, be the best option available to you.

Landlords also need to be mindful of this and the risk that your tenant serving a break notice may bring you – in the current climate it may be difficult to find a new tenant and market rents may be lower than they once were. Therefore, it may be prudent for you as a landlord to consider offering a rent reduction to tenants who are struggling.

Some commercial leases also carry a clause where should a tenant be leaving premises unoccupied or unused for a period of time, the landlord must be informed. Any tenant forced to close under the current restrictions should check to see if their lease has this clause as non-compliance could allow for the landlord to forfeit their lease.

Whether you are a landlord or tenant it’s important to understand what your options are and your legal position regarding commercial property in the current climate. Contact a member of our commercial property team today for a no obligation discussion on 0845 287 0939, email [email protected] or visit www.farleys.com for more information.

Latest news

1

Airframe Designs completes groundbreaking R&D project in polymer additive manufacturing Breakthrough at Airframe Designs

Airframe Designs completes groundbreaking R&D project in polymer additive manufacturing

03 Mar 2025

2

Boost your management skills with workshops UCLan workshops

Boost your management skills with workshops

25 Feb 2025

3

Lancashire Growth Plan to be launched at Convention of the North Cllr Phillippa Williamson With A Convention Branded Minibus

Lancashire Growth Plan to be launched at Convention of the North

25 Feb 2025

4

AMS Neve makes waves in California, demonstrating products to Stevie Wonder Stevie Wonder And His Team Receiving A Demo Of The Genesys G3D Console By Joe Heaton Of AMS Neve In California Press

AMS Neve makes waves in California, demonstrating products to Stevie Wonder

25 Feb 2025

5

Partners at law firm Harrison Drury complete management buyout John Chesworth and Simon England

Partners at law firm Harrison Drury complete management buyout

25 Feb 2025

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
LBV121 March/April Launch Event
121 Lancashire Business View Magazine Launch
Networking
20 Mar 2025

LBV121 March/April Launch Event

The Whitakers Museum, Rossendale, BB4 6RE

08:30 - 10:30

Skills Bootcamp in Procurement - Cohort 3
Blue-Modern-Land-Travel-Youtube-Thumbnail-2-1024x576.png.png
LBV Hub Awards
14 Jan 2025 - 18 Mar 2025

Skills Bootcamp in Procurement - Cohort 3

Community & Business Partners CIC, Blackburn, BB2 3UA

09:30 - 13:00

CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

CMI Level 5 Project Management Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Project Management Course

Preston Campus, Preston, PR1 2HE

08:00 - 17:00

Post Employee Ownership Trust: What's the story?
LBV image.jpg.jpg
LBV Hub Seminars
04 Mar 2025 - 04 Mar 2025

Post Employee Ownership Trust: What's the story?

Brabners, Preston, PR5 6AW

11:00 - 12:30

Better People Management Workshop
LBV Hub Seminars
05 Mar 2025 - 05 Mar 2025

Better People Management Workshop

Strawberry Fields Digital Hub, Chorley, PR7 1PQ

10:00 - 15:30

North West (Preston) Finance Leaders Networking Event
MHA-BTI Logo_black (002).jpg.jpg
LBV Hub Networking
05 Mar 2025

North West (Preston) Finance Leaders Networking Event

Farington Lodge Hotel, Stanifield Lane Farington, Preston, PR25 4QR

08:00 - 10:00

Better People Management Workshop - March 5
UCLan Better Management Workshop
LBV Hub Seminars
05 Mar 2025

Better People Management Workshop - March 5

Strawberry Fields Digital Hub, Chorley, PR7 1PQ

10:00 - 15:30

Better People Management Workshop
UCLAN event
LBV Hub Seminars
06 Mar 2025 - 06 Mar 2025

Better People Management Workshop

The Oaks Hotel, Colne Road, Burnley, BB10 2LF

10:00 - 15:30

The Employer’s Toolkit: Payroll, Employment Law, and Benefits
Copy of am alert (2).jpg.jpg
LBV Hub Seminars
07 Mar 2025 - 07 Mar 2025

The Employer’s Toolkit: Payroll, Employment Law, and Benefits

Village Hotel Bury, Bury, BL9 7BQ

09:00 - 12:00

Fertility and IVF Support in the workplace
Supporting Women's Health in Your Teams A Path to Success-2.png.png
LBV Hub Webinar
07 Mar 2025 - 07 Mar 2025

Fertility and IVF Support in the workplace

* , Online , *

12:30 - 13:30

March Preston tech Connection: IWD Accelerate Action
PRESTON TECH CONNECTION jan.ai-5.png.png
LBV Hub Networking
13 Mar 2025 - 13 Mar 2025

March Preston tech Connection: IWD Accelerate Action

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 19:30

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV120 Online Graphic 1
Subscribe now

Weekly news bulletin