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

Greater Lancashire Hospital opened by Maya Ellis MP Sara Rajiah, Executive Director, Greater Lancashire Hospital and Bespoke Healthcare Group; Maya Ellis, Member of Parliament for Ribble Valley; Gwam Rajiah, Executive Chair, Greater Lancashire Hospital and Bespoke Healthcare Group.

Greater Lancashire Hospital opened by Maya Ellis MP

14 Jan 2026

2

University of Lancashire to host hands-on 3D printing showcase in Preston Engineering Innovation Centre at University of Lancashire new

University of Lancashire to host hands-on 3D printing showcase in Preston

14 Jan 2026

3

The Harris re-opens to record crowds as Wallace and Gromit draw over 150,000 visitors The Wallace and Gromit exhibition

The Harris re-opens to record crowds as Wallace and Gromit draw over 150,000 visitors

14 Jan 2026

4

Booths celebrates an award-winning record-breaking Christmas Booths store workers

Booths celebrates an award-winning record-breaking Christmas

14 Jan 2026

5

Eric Wright Facilities Management strengthens leadership team Ryan Pearce, Eric Wright Facilities Management Managing Director; Drew Hird Eric Wright Facilities Management, Technical Director; Roger Lancaster Eric Wright Facilities Management, Commercial Director

Eric Wright Facilities Management strengthens leadership team

13 Jan 2026

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
January / February 2026 - LBV Issue 126 Magazine Launch Event
Porsche Preston1200x630
Networking
22 Jan 2026

January / February 2026 - LBV Issue 126 Magazine Launch Event

Porsche Preston, Preston, PR2 1QJ

08:30 - 10:30

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

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

The Business Network Central and East Lancashire
LBV Header (28).png.png
LBV Hub Networking
15 Jan 2026 - 15 Jan 2026

The Business Network Central and East Lancashire

Stanley House, Blackburn, BB2 7NP

11:30 - 14:15

Preston Tech Connection: Tech For Better Humans
PTC January 26 banner.jpg.jpg
LBV Hub Networking
15 Jan 2026 - 15 Jan 2026

Preston Tech Connection: Tech For Better Humans

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 19:30

Society1 Open Coworking Day
Open Day Square.png.png
LBV Hub Networking
15 Jan 2026 - 15 Jan 2026

Society1 Open Coworking Day

Society1, Coworking Space, Preston, PR1 3LT

09:00 - 17:00

Preston Freelancer Meet-Up: January
January Freelancer Meet-Up Square .png.png
LBV Hub Networking
20 Jan 2026 - 20 Jan 2026

Preston Freelancer Meet-Up: January

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 12:00

Lancashire County Council – Meet the Buyer Drop in Event
Meet the Buyer event new
LBV Hub Networking
20 Jan 2026

Lancashire County Council – Meet the Buyer Drop in Event

County Hall, Pitt Street, Preston , PR1 8XJ

10:00 - 15:00

Employment Rights Act Update for Businesses: What Employers Need to Know for 2026
Employment Rights Act Update for Businesses.png.png
LBV Hub Webinar
27 Jan 2026 - 27 Jan 2026

Employment Rights Act Update for Businesses: What Employers Need to Know for 2026

Online via Zoom, Preston, PR5 6AW

09:30 - 10:30

The Marketing Meetup: Lancashire (January)
LBV Hub Networking
27 Jan 2026

The Marketing Meetup: Lancashire (January)

Six Connections, Slater Terrace, Burnley, BB11 4SA

18:00 - 20:00

Tech without the turmoil: How Finance Leaders can drive smarter digital decisions
MHA-BTI Logo_black (002).jpg.jpg
LBV Hub Networking
05 Mar 2026 - 27 Dec 2025

Tech without the turmoil: How Finance Leaders can drive smarter digital decisions

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

08:00 - 10:00

Payroll Update 2026 Samlesbury Hall
payroll.jpg.jpg
LBV Hub Seminars
06 Mar 2026 - 06 Mar 2026

Payroll Update 2026 Samlesbury Hall

Samlesbury Hall, Preston, PR5 0UP

08:00 - 10:00

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