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

Lancashire canalside holiday destination and marina for sale Tewitfield Marina

Lancashire canalside holiday destination and marina for sale

10 Mar 2026

2

Tributes paid to Fort Vale chairman Edward Fort photo. Pic by Fort Vale.

Tributes paid to Fort Vale chairman

10 Mar 2026

3

Personnel Checks acquires Manchester screening provider Know Your Candidate in six-figure deal ack Mellor Personnel Checks and Barry Hetherington From KYC

Personnel Checks acquires Manchester screening provider Know Your Candidate in six-figure deal

10 Mar 2026

4

Blackpool Airport Enterprise Zone continues to drive investment and create new jobs Vickers Way photo March 2026

Blackpool Airport Enterprise Zone continues to drive investment and create new jobs

09 Mar 2026

5

AFD Systems forms strategic partnership ORCA Oceanic Systems AFD Systems and Orca

AFD Systems forms strategic partnership ORCA Oceanic Systems

09 Mar 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
LBV127 March/April Magazine Networking Event
Jan/Feb Networking Event - Closer up
Networking
19 Mar 2026

LBV127 March/April Magazine Networking Event

Salmesbury Hall, Preston New Road, Lancashire, PR5 0UP

08:30 - 10:30

AI & Cybersecurity Summit
AI and Cybersecurity Logo
Summit
28 Apr 2026

AI & Cybersecurity Summit

Dunkenhalgh House , Blackburn Road, Clayton Le Moors, BB5 5JP

08:30 - 11:00

Sub36 Networking - Outdoor Elements
Sub36
Networking
29 Apr 2026

Sub36 Networking - Outdoor Elements

Outdoor Elements, Pump House Dean Wood, Trapp Lane, Burnley, BB12 7JD

09:00 - 11:00

LBV Magazine Networking Events - SAVE THE DATES
Jan/ Feb Networking Event - Talking
Networking
14 May 2026

LBV Magazine Networking Events - SAVE THE DATES

Lancashire

08:30 - 10:30

Bay Hospitality Forum
Logo.jpg.jpg
LBV Hub Networking
11 Mar 2026 - 11 Mar 2026

Bay Hospitality Forum

Lancaster & Morecambe College, Lancaster, LA1 1TZ

10:00 - 12:00

Red Rose Awards 2026
Rra26 Logo315x315
Awards
12 Mar 2026

Red Rose Awards 2026

Winter Gardens Blackpool

18:00 - 02:00

Payroll Update 2026 Red Hall Hotel
Payroll calculator new.jpg.jpg
LBV Hub Seminars
13 Mar 2026 - 13 Mar 2026

Payroll Update 2026 Red Hall Hotel

Red Hall Hotel, Bury, BL9 5NA

08:00 - 10:00

Chamber Business Lunch with guest speaker – John Pye, Eden Project Morecambe
Logo.jpg.jpg
LBV Hub Dinners / Balls
13 Mar 2026 - 13 Mar 2026

Chamber Business Lunch with guest speaker – John Pye, Eden Project Morecambe

Morecambe Football Club, Morecambe, LA4 4TB

11:00 - 14:00

Could your business be a King’s Award winner?
King's Cross Awards
LBV Hub
18 Mar 2026

Could your business be a King’s Award winner?

11 Victoria Street, Preston, Lancashire, PR1 7QS

16:00 - 18:00

Preston Freelancer Meet-Up and Coworking Day: March
March Freelancer Square.png.png
LBV Hub Networking
19 Mar 2026 - 19 Mar 2026

Preston Freelancer Meet-Up and Coworking Day: March

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 12:00

The Business Network Central and East Lancashire
LBV Header (30).png.png
LBV Hub Networking
19 Mar 2026 - 19 Mar 2026

The Business Network Central and East Lancashire

Barton Manor, Preston, PR3 5AA

11:30 - 14:15

Exploring Debt Finance: Unlocking SME Growth
LCC Event Logos
LBV Hub Exhibitions
24 Mar 2026

Exploring Debt Finance: Unlocking SME Growth

Farleys Solicitors, 3 Mead Way, Shuttleworth Mead, Padiham, Burnley, BB12 7NG

09:00 - 12:00

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