Protecting your business: Guide for commercial landlords when a tenant is in financial distress

commercial-landlords-tenant-financial-distress.jpg.jpg

The final three months of 2024 saw a significant increase in the number of UK firms in financial distress.

Corporate recovery and financial advisory firm Begbies Traynor’s latest Red Flag Report, released in January this year, highlighted the number of UK firms in ‘critical financial distress’ rose by 50.2 per cent on the previous quarter to 46,853.

This rise in companies at risk of insolvency impacts the UK commercial property sector, with more than half of the UK’s businesses renting their trading premises. WHN director Daniel Long, who heads up the firm’s commercial property dispute resolution team, explains the implications and offers advice for commercial landlords.

When a commercial tenant is in financial distress, there are a wide range of implications for landlords.

  • Rent arrears: Companies with cash flow issues may be unable to meet their rental payments. Landlords should be aware that when a tenant is in arrears, they have various remedies at their disposal but there may be other creditors awaiting payment.
  • Dilapidations: Dilapidations are where premises have fallen into disrepair. Tenants in financial distress may have difficulties paying for the maintenance of their property. This can affect a property’s value and lead to costly repairs when a tenant’s lease ends or is severed, especially if the tenant becomes insolvent.
  • Company Voluntary Agreement (CVA): A CVA allows distressed companies to reduce debts or pay them off over a fixed term. Once a CVA is in place, this restricts a creditor’s ability to recover debts, which can affect a landlord’s rental income. CVA proposals often seek to reduce lease liabilities based on a site’s sustainability.
  • Other insolvency situations: Commercial landlords may find their tenants enter administration or liquidation. Each insolvency situation has different implications on the remedies available to landlords, including the ability to terminate the lease and take back possession of the premises.
  • Difficulties re-letting: During periods of economic downturn, it can be more difficult to re-let commercial properties at the same value once a unit becomes vacant. This can, in turn, affect a landlord’s portfolio value, impacting lending capacity and restricting growth. Forfeiture is not always the best way to go as it means terminating existing lease liabilities, potentially becoming liable for business rates and potentially creating a void.

A landlord’s options

There are a range of options available to landlords when a tenant is in financial distress.

Negotiating flexibility in payment terms and other areas may be the most beneficial option for both parties, as it can help prevent further financial distress and reduce the likelihood of insolvency proceedings, leading to a vacant property. Landlords can consider rent concessions; payment plans and re-gear options.

If a tenant’s lease is coming up for renewal, a landlord may wish to renegotiate the terms or change the payment structure to support a tenant.

However, if a tenant has repeatedly missed payments, failed to maintain their property or breached other terms of their lease, a landlord may wish to terminate the lease.

Forfeiture is a tool available to commercial landlords to protect their interests following a tenant breaching the terms of their lease. Many commercial property leases contain a forfeiture clause which enables the landlord to gain possession of their property, bringing the lease to an end. This can be exercised by peaceable re-entry or issuing court proceedings, depending on the circumstances and the type of breach.

For further information on forfeiture and other landlord options, see our blog posts:

My tenant isn’t paying rent. What can I do?
Forfeiting commercial property leases: The benefits and limitations
A landlord’s guide to forfeiting a commercial lease
A landlord’s guide to terminal dilapidations

Understand your tenant’s financial health

Understanding a tenant’s financial position is key to determining the right course of action to take to protect your business during an economic downturn.

Open communication between a landlord and tenant can often help avoid costly legal proceedings. However, there is also a large amount of information publicly available which will give further understanding of a company’s finances.

This includes:

  • Financial accounts available at Companies House
  • Credit assessments available from agencies and credit platforms
  • News stories about the company in the business media

Once a landlord has the clearest picture possible of a tenant’s financial position, they can make a judgement on the best course of action.

Recovering debts

Recovering debts including rent arrears, dilapidations and other charges is often an important part of dealing with tenants in financial distress and can involve navigating complex legal frameworks.

Gaining professional legal advice can reduce financial loss by helping a landlord:

  • Consider and potentially challenge the terms of a CVA proposal
  • Deal with administrators or liquidators to recover losses
  • Ensure compliance with lease terms and legal obligations
  • Identify the right course of action whether negotiation, enforcement or lease termination.

In challenging economic times, proactive steps can help landlords protect their assets. By instructing a solicitor as early as possible, landlords maximise their chances of recovering debts and avoiding restrictions on debt recovery due to insolvency proceedings.

Daniel Long is a director at WHN Solicitors and heads up the firm’s commercial department and property disputes team.

He specialises in resolving disputes between landlords and tenants of commercial leases on matters including rent and service charge recovery, dilapidations, forfeiture, possession, insolvency-related matters, and lease renewal and termination.

For advice on how to deal with a commercial tenant in financial distress, please contact Daniel on 0161 761 8063 or email him at [email protected]

Enjoyed this? Read more from Woodcocks Haworth & Nuttall Solicitors

Latest news

1

St Annes improvements move forward with major investment and phased delivery The site in St Annes which is set for transformation

St Annes improvements move forward with major investment and phased delivery

21 Nov 2025

2

MHA announce interim revenues up 13 per cent Rakesh Shaunak MHA

MHA announce interim revenues up 13 per cent

20 Nov 2025

3

Blackburn College serves up its own scholars brew Bowland Brewery, of the James’s Places hospitality business headquartered in Clitheroe, have created a special IPA ale for Blackburn College's Scholars training restaurant as part of a unique project with the catering and hospitality students

Blackburn College serves up its own scholars brew

20 Nov 2025

4

Totally Wicked Group announce new fulfilment and distribution centre The Blackburn unit sold to Totally Wicked Group

Totally Wicked Group announce new fulfilment and distribution centre

19 Nov 2025

5

Lancaster University to create £2m nuclear facility control room simulator The new simulator will sit alongside the University's Data Immersion Suite, where these Lancaster students are pictured

Lancaster University to create £2m nuclear facility control room simulator

19 Nov 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
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

Help to grow management course
Help to grow - barriers to growth.png.png
LBV Hub Seminars
26 Sep 2025 - 16 Dec 2025

Help to grow management course

Preston Campus , Preston , PR1 2HE

09:00 - 15:00

Women scaling up Blackpool Fylde and Wyre
LBV Hub Seminars
22 Oct 2025 - 09 Jan 2026

Women scaling up Blackpool Fylde and Wyre

The Small Business Academy, Blackpool, FY4 5JX

09:30 - 15:30

RISE - Lancashire's unique leadership programme for women
thumbnail_Emma Weston Illustration WENDY BOWERS RISE Illustrstion.jpg.jpg
LBV Hub Seminars
22 Oct 2025 - 18 Mar 2026

RISE - Lancashire's unique leadership programme for women

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:30 - 15:30

Preston Freelancer Meet-Up: November
NovFreelancer version 2 .png.png
LBV Hub Networking
26 Nov 2025 - 26 Nov 2025

Preston Freelancer Meet-Up: November

Society1 Coworking Space, Preston, PR1 3LT

10:00 - 11:30

Lancashire Construction Connections
LLC Logo Main.jpg.jpg
LBV Hub Networking
27 Nov 2025 - 27 Nov 2025

Lancashire Construction Connections

Blues Bar, Ewood Park, Blackburn, BB2 4JF

14:00 - 16:00

Lancashire Business Day 2025
241122lbvlancashiredaylhp0647web
Networking
27 Nov 2025

Lancashire Business Day 2025

Burnley FC , Burnley, BB10 4BX

12:00 - 17:00

Lancashire post Budget analysis finance leaders events
MHA-BTI Logo_black (002).jpg.jpg
LBV Hub Networking
27 Nov 2025 - 27 Dec 2025

Lancashire post Budget analysis finance leaders events

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

08:00 - 10:00

The PM+M Autumn Budget seminar - East Lancashire
Autumn Budget event East Lancashire
LBV Hub Seminars
27 Nov 2025 - 27 Nov 2025

The PM+M Autumn Budget seminar - East Lancashire

Crow Wood Hotel, Burnley, BB12 0RT

08:00 - 10:30

Blackburn Budget Breakfast Seminar
1.jpg.jpg
LBV Hub Seminars
28 Nov 2025 - 28 Nov 2025

Blackburn Budget Breakfast Seminar

Premier Suite, Blackburn Rovers, Ewood Park, Blackburn, BB2 4JF

07:30 - 10:30

Navigating making tax digital for Income Tax
mtd event LinkedIn.jpg.jpg
LBV Hub Seminars
03 Dec 2025 - 03 Dec 2025

Navigating making tax digital for Income Tax

Junction 4 Skatepark , Darwen, BB3 0AJ

08:00 - 10:30

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 LBV124 Online Graphic
Subscribe now

Weekly news bulletin