header-logo header-logo

28 April 2020
Issue: 7884 / Categories: Legal News , Covid-19 , Commercial
printer mail-detail

COVID-19: Protecting retailers

Safeguards for commercial tenants may need to be extended beyond the duration of COVID-19, lawyers have warned

Business secretary Alok Sharma announced temporary measures last week to protect retailers against aggressive debt recovery actions during the pandemic.

Statutory demands made between 1 March and 30 June, and winding-up petitions presented between 27 April and 30 June, will be temporarily voided. The measures will be included in the Corporate Insolvency and Governance Bill, which Sharma set out earlier this month.

The government is laying secondary legislation to give tenants longer to pay rent by preventing landlords using Commercial Rent Arrears Recovery (CRAR) unless they are owed 90 days of unpaid rent. A three-month moratorium on evictions is already in place, due to end on 24 June.

City law firm RPC partners welcomed the measures, but called on the government to reassure retailers they would be protected beyond the lockdown.

RPC real estate partner Elizabeth Alibhai said the ban on winding-up petitions was ‘extremely positive news for retailers impacted by coronavirus and closes a loophole where landlords were using insolvency processes to get around the government's previously announced ban on evictions.

‘However, it is vitally important that these protective measures endure long enough for retailers to get back on their feet. To give these businesses a fighting chance of overcoming the many challenges they face, the moratorium should be in place for at least the next 3-6 months.’

The firm also highlighted procedural uncertainty as to how the protection is obtained or enforced. Sharma’s announcement suggested it would be a decision for the courts, but the RPC partners said a court makes its initial consideration of a petition at the first hearing, by which stage the petition has been advertised and many of the adverse consequences have already occurred.

Issue: 7884 / Categories: Legal News , Covid-19 , Commercial
printer mail-details

MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
back-to-top-scroll