The challenges facing tenants and landlords

By Harrison Drury

26 Jun 2020

As the UK recovers following coronavirus, Hayley Bamber, associate solicitor and property litigation specialist at Harrison Drury, offers some guidance on how landlords and tenants can reach agreements regarding rent payments and take a proactive approach to renegotiating a lease.

Recent events have certainly put commercial landlord and tenant relationships under the microscope.

In the immediate aftermath of lockdown, the Coronavirus Act 2020 was brought in to prevent landlords seeking forfeiture of the lease for non-payment of rent.

Some tenants have also benefited from agreed rent deferrals, rent holidays and relief on business rates.

It’s our understanding that new coronavirus support and legal protections are being considered for the commercial property sector. Even so, we’re entering a critical period for landlord and tenant relationships as we approach the June quarter rent payment date and some of this support comes to an end.

Look at the bigger picture

Landlords absolutely need to keep the money coming in to sustain their business, but it’s important to also look at the bigger picture when re-negotiating leases and collecting rent arrears.

If landlords are too aggressive in demanding rent, they potently risk the tenant becoming insolvent. In what’s likely to be a tough market, there’s a chance they risk having empty properties.

Of course, not all landlords and businesses are going to struggle, but economic uncertainty will inevitably lead to some business failures and empty units. Such uncertainty will create competition to attract new tenants and is likely to lead to some fluctuations in commercial rents.

Take control of the situation early

My advice for both landlords and tenants is to speak to each other as early as possible. Don’t bury heads in the sand and wait for something to force the situation.

It’s our experience that where tenants engage early with their landlord, and vice versa, trust and understanding can grow and this can create a more fertile ground for negotiation.

Weigh up the different options

There are a number of ways that a commercial landlord can look to help their tenant sustain that tenancy. An option for some landlords may be to enter into a rent deferral agreement with the tenant.

A term of that agreement may be that the deferred rent would only be repayable if the tenant breaches any terms of the lease throughout the term of the tenancy. Negotiations to extend the length of the lease may also form part of those discussions.

Another measure might be to agree for a payment to be taken from a rent deposit with the terms of a top up payment then agreed.

In some circumstances, landlords may also consider ‘turnover rent’ for a new lease, which uses a calculation to link rent payments with the turnover achieved by the tenant’s business. Turnover rent sees the landlord and tenant share the rewards of the good times, but also the risk of the leaner times. Another option may be a reduced rent in the short term while businesses, especially those in the hospitality sector, reopen and recover.

Seek expert advice

As a property litigation lawyer, I know as well as anybody that not all landlord and tenant relationships run smoothly. Each matter needs to be considered on its own merits.

And even where they do, it’s still important for both parties to seek legal advice to ensure they don’t inadvertently do anything that compromises the lease agreement.

The key to a healthy commercial property market in these tough times is going to be finding a mutually beneficial way to move forward when it’s needed.

Enjoyed this? Read more from Harrison Drury

Latest news

1

New India branch campus on the horizon for Lancaster University Keir Starmer meets Indian PM and included Prof Simon Guy Lancaster University. Pic Simon Dawson

New India branch campus on the horizon for Lancaster University

09 Oct 2025

2

Best events and talented students complete finalists list for Lancashire Tourism Awards 2026 Best Events and Talented students on Lancashire Tourism Awards finalist list

Best events and talented students complete finalists list for Lancashire Tourism Awards 2026

09 Oct 2025

3

East Lancashire Learning Group named UK digital transformation leader in CIO 100 Awards Andrew Dewhurst with the award win

East Lancashire Learning Group named UK digital transformation leader in CIO 100 Awards

09 Oct 2025

4

PHX Training appoints new business leader in Blackpool Jason Davenport PHX Training

PHX Training appoints new business leader in Blackpool

09 Oct 2025

5

Velocity seals Airbus extension worth up to $54m Velocity Composites Has Announced Its Entry Into The Us Market

Velocity seals Airbus extension worth up to $54m

08 Oct 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

Advantage: AI – A Workshop for Business Leaders – Oct 10th
Ai 10.10.png.png
LBV Hub Seminars
10 Oct 2025 - 10 Oct 2025

Advantage: AI – A Workshop for Business Leaders – Oct 10th

Door4 Office, Burnley Wharf, Burnley, BB11 1JG

09:00 - 12:00

Unlocking major project opportunities in the North West
Lancs-cham-logo.jpg.jpg
LBV Hub Seminars
15 Oct 2025 - 15 Oct 2025

Unlocking major project opportunities in the North West

Strathmore Hotel, Morecambe, LA4 5AP

08:00 - 10:00

The New Employee Rights Landscape: Day One Compliance Essentials
EventBrite NORi - 15th Oct 2025 Webinar.png.png
LBV Hub Webinar
15 Oct 2025 - 15 Oct 2025

The New Employee Rights Landscape: Day One Compliance Essentials

Microsoft Teams, Microsoft Teams, PR253XH

13:30 - 15:00

October Freelancer Meet-Up
LBV Hub Networking
16 Oct 2025 - 16 Oct 2025

October Freelancer Meet-Up

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 11:30

The Autumn Re set - pour me a wine
LBV Advert_Autumn Reset 1200 x 630px.png.png
LBV Hub Networking
16 Oct 2025 - 16 Oct 2025

The Autumn Re set - pour me a wine

The Artistry House , Preston , PR1 3JJ

17:30 - 19:30

The Business Network Central & East Lancashire
LBV Header (26).png.png
LBV Hub Networking
16 Oct 2025 - 16 Oct 2025

The Business Network Central & East Lancashire

Stanley House, Blackburn, BB2 7NP

11:30 - 14:15

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

HR Essentials for pubs, bars and licensed venues
EventBrite NORi - 22nd Oct Webinar.png.png
LBV Hub Webinar
22 Oct 2025 - 22 Oct 2025

HR Essentials for pubs, bars and licensed venues

Online - Teams, Leyland, PR253XH

13:30 - 15:00

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

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