Tier 3 and your commercial property

By Farleys Solicitors LLP

22 Oct 2020

ashlea-thornton.jpg

As Lancashire and Greater Manchester are now in Tier 3 of the new COVID-19 restrictions, Ashlea Thornton from Farleys Solicitors takes a look on the impact this may have on commercial property during this time.

Many bars and pubs are being forced to close, as establishments are no longer allowed to serve alcohol unless it is done so with a substantial meal. Whilst Government relief is expected for business owners, it is not yet known what form this will take and many will be left wondering how they will pay their rent.

The Coronavirus Act and relief options for business properties

Section 82 of the Coronavirus Act 2020 suspended the forfeiture of commercial leases for non-payment of rent until 31 December 2020 and it’s likely that this period will be extended further given the current circumstances. Tenants should however note that this is not a rent holiday as rents are not being formally suspended; they will still be due and once the moratorium period is finally lifted, landlords will be able to forfeit leases if rents have not been paid.

It’s also important to understand that the Coronavirus Act does not suspend a landlord’s right to forfeiture should a tenant become bankrupt or go into administration. This means that a landlord could in theory, seek to make their tenant bankrupt as a means to giving up the lease. Many may, however, see this as a waste of further resources, particularly in those instances where a tenant is genuinely unable to operate their business, and choose instead to either wait until the moratorium is lifted or until the business is able to operate again and agree with the tenant a repayment plan.

In addition, Section 82 of the Act only applies to commercial leases which are within the Landlord and Tenant Act 1954, and does not apply to leases of 6 months of less in duration or to licences to occupy and so any tenants who occupy premises outside of those parameters do not have the protections discussed above.

The Coronavirus Act has also established that a landlord is unable to enforce commercial rent arrears recovery (CRAR), which is a procedure whereby landlords can recover rents owed to them by taking control of their tenant’s goods and selling them) until 189 days of rent is outstanding. This was an increase on the previous 7 days. This protection for tenants has also been extended until the end of 2020, offering tenants further protection. Again, it should be noted that these protections are not extended to all tenants and those for whose lease has expired or occupy a mixed-use premises are not covered by them.

What other options are there for Landlords and Tenants?

Landlords and tenants may be able to use this period to agree to draw down rent due from any rent deposits which are held and agree that the usual top up times for the deposits be extended past the usual 10-day period.

If you are a tenant, review your lease to establish when your next break clause is. It is usual that a minimum of 6 months notice of a tenant’s intention to break a lease is required and you should therefore think ahead as to if this may, unfortunately, be the best option available to you.

Landlords also need to be mindful of this and the risk that your tenant serving a break notice may bring you – in the current climate it may be difficult to find a new tenant and market rents may be lower than they once were. Therefore, it may be prudent for you as a landlord to consider offering a rent reduction to tenants who are struggling.

Some commercial leases also carry a clause where should a tenant be leaving premises unoccupied or unused for a period of time, the landlord must be informed. Any tenant forced to close under the current restrictions should check to see if their lease has this clause as non-compliance could allow for the landlord to forfeit their lease.

Whether you are a landlord or tenant it’s important to understand what your options are and your legal position regarding commercial property in the current climate. Contact a member of our commercial property team today for a no obligation discussion on 0845 287 0939, email [email protected] or visit www.farleys.com for more information.

Latest news

1

Inspired plc acquired by HGGC Inspired logo

Inspired plc acquired by HGGC

19 Aug 2025

2

Lancashire uniform provider acquired in £12.5m deal Trutex images

Lancashire uniform provider acquired in £12.5m deal

19 Aug 2025

3

Burnley aircraft firm sees profits soar Safran Nacelles

Burnley aircraft firm sees profits soar

19 Aug 2025

4

Lancashire marina bought by Aquavista Fettlers Wharf Marina

Lancashire marina bought by Aquavista

18 Aug 2025

5

Work starts on new business units at Enterprise Zone Danny Pinkus Cllr Mark Smith and Robert Pinkus at Phase Two Of Enterprise Court

Work starts on new business units at Enterprise Zone

15 Aug 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
Sub36 Networking - Follow the signs
Sub36 Deaf Village Social1200
Networking
17 Sep 2025

Sub36 Networking - Follow the signs

The Deaf Village, Blackburn, BB2 5EN

10:00 - 12:00

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

The Business Network Central & East Lancashire
LBV Header (24).png.png
LBV Hub Networking
21 Aug 2025 - 21 Aug 2025

The Business Network Central & East Lancashire

Mytton Fold, Langho, BB6 8AB

11:30 - 14:15

Morecambe Bay Walk
Walk.jpg.jpg
LBV Hub Awards
30 Aug 2025 - 30 Aug 2025

Morecambe Bay Walk

Arnside, CARNFORTH, LA5

09:30 - 14:00

Tri-Site Survey Equipment Showcase
Linkedin Cover.jpg.jpg
LBV Hub Seminars
03 Sep 2025 - 03 Sep 2025

Tri-Site Survey Equipment Showcase

Harewood House , Leeds, LS17 9LG

09:30 - 16:00

Longridge Soap Box Derby
Screenshot 2025-06-10 090035.png.png
LBV Hub Fundraisers
14 Sep 2025 - 14 Sep 2025

Longridge Soap Box Derby

Berry Lane, Longridge, PR3 3WH

10:00 - 16:30

Preston Tech Connection - The Ultimate Tech Quiz!
Preston Tech Connection Sept 25.png.png
LBV Hub Networking
16 Sep 2025 - 16 Sep 2025

Preston Tech Connection - The Ultimate Tech Quiz!

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 19:00

Cumbria Business Expo 2025
https---cdn.evbuc.com-images-880461633-4862066883-1-original.20241022-110415.jpeg.jpg
LBV Hub Exhibitions
19 Sep 2025 - 19 Sep 2025

Cumbria Business Expo 2025

Carlisle Racecourse, Carlisle, CA2 4TS

09:00 - 15:00

Preston Freelancer Meet-Up: September
Sept Freelancer (1).png.png
LBV Hub Networking
23 Sep 2025 - 23 Sep 2025

Preston Freelancer Meet-Up: September

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 11:30

Speed Networking with BNI
2.png.png
LBV Hub Networking
24 Sep 2025 - 24 Sep 2025

Speed Networking with BNI

Chorley Football Club, Chorley, PR7 3DU

16:00 - 19:00

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

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 LBV 123 Online Graphic
Subscribe now

Weekly news bulletin