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It would seem that it is not only the tenants that are continuing to suffer during the current harsh economic conditions. Recent press has followed the decline of two well established brands, namely La Senza and Blacks. Both retailers appointed top accountancy firms to implement emergency rescue plans, known as “pre-pack administrations” .
A pre-pack administration affords struggling companies some protection from their creditors. However, landlords as unsecured creditors, are unable to protect their interests as they are unaware of the pre-pack administration.
Whilst the sale of both the La Senza and Blacks businesses has prevented a further two faces from disappearing from the high street, it has left landlords feeling the sting of a further two pre-pack administrations. Perhaps the sensible solution is for landlords to enter into negotiations with their tenants at the first signs of trouble as surely a reduced income is better than having a huge rental bill wiped clean courtesy of a pre-pack administration?
H&M is the latest retailer to confront its landlords about this ‘two tier retail market’ in an attempt to explore and negotiate more favourable terms.
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Ann Summers is the latest retailer to have entered into new voluntary deals with the majority of their landlords, rather than using the CVA process.
We previously reported on the High Court decision of S Franses Ltd v The Cavendish Hotel (London) Ltd in which it was held that a landlord’s motive could not prevent it from successfully utilising ‘ground (f)’ under s30(1) of the Landlord and Tenant Act 1954 to oppose a lease renewal.
The FCA are encouraged to find that the implementation of the new rules has encouraged financial institutions to manage whistleblowing cases and concerns fairly, consistently and in a manner that protects the individual whistleblower.
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