header-logo header-logo

COVID-19: Protecting retailers

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

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
back-to-top-scroll