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

Your Vehicle Rental strengthens leadership team Bridget And Marc

Your Vehicle Rental strengthens leadership team

28 Jul 2026

2

Experienced associate joins WHN’s commercial property dispute resolution team Hasin Tariq Amin And Michael Shroot Whn Solicitors

Experienced associate joins WHN’s commercial property dispute resolution team

28 Jul 2026

3

Buckhurst Plant Hire expands overhead line fleet with £2.7m acquisition Buckhurst Plant Hire

Buckhurst Plant Hire expands overhead line fleet with £2.7m acquisition

28 Jul 2026

4

Plans submitted for 15-hectare mixed-use development in Lytham Lytham Illustrative Layout Plan

Plans submitted for 15-hectare mixed-use development in Lytham

27 Jul 2026

5

Your wealth took a lifetime to accumulate. Is it protected? Sarah Griffiths

Your wealth took a lifetime to accumulate. Is it protected?

27 Jul 2026

Blackburn College (July-Aug 26)
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
LBV130 September/October Magazine Networking Event
Jan/Feb Networking Event - Entrance
Networking
17 Sep 2026

LBV130 September/October Magazine Networking Event

The Beehive Blackburn, Shadsworth Business Park, BB1 2QS

08:30 - 10:30

Built Environment Conference 2026
BEC Listing
Networking
24 Sep 2026

Built Environment Conference 2026

EG On The Move, Waterside Head Office, Blackburn, BB1 2FA

08:30 - 13:00

Sub36 Awards 2026
Awards
16 Oct 2026

Sub36 Awards 2026

Park Hall Hotel & Spa , Chorley

18:00 - 00:00

LBV131 November/December Magazine Networking Event
Jan/ Feb Networking Event - Talking
Networking
19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

Lancashire Business Day 2026
LBD Listing
Networking
27 Nov 2026

Lancashire Business Day 2026

Burnley Football Club, BB10 4BX

12:00 - 17:00

The AI Lab: Marketing Multiplier
LBV Hub Roundtables
31 Jul 2026

The AI Lab: Marketing Multiplier

Door4, Burnley Wharf, Manchester Road, Burnley, BB11 1JG

09:00 - 11:30

Chamber Breakfast Networking – August
Logo.jpg.jpg
LBV Hub Networking
04 Aug 2026

Chamber Breakfast Networking – August

Morecambe Golf Club, Morecambe, LA4 6AJ

08:00 - 10:00

Morecombe Bay Walk
Morecambe-25-web-gallery4.jpg.jpg
LBV Hub Fundraisers
08 Aug 2026

Morecombe Bay Walk

Arnside, Carnforth, LA5 0HD

13:00 - 18:00

The Ultimate Network
Logo.jpg.jpg
LBV Hub Networking
13 Aug 2026

The Ultimate Network

Garner Hotel , Preston, PR5 0UL

16:00 - 18:00

Mind Over Mountain: Brunch at Ivory Tower
mind-over-mountain-complete.jpg.jpg
LBV Hub Networking
11 Sep 2026

Mind Over Mountain: Brunch at Ivory Tower

Ivory Tower, Preston, PR1 2NL

12:30 - 16:30

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