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Can’t pay my landlord my commercial lease or rent
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What happens if I cannot pay the rent on my commercial lease?
If you are having problems keeping up with the rent owed on your company premises, the first step should be to discuss the situation with your landlord. Many are surprisingly sympathetic to these types of issues, and would rather work alongside you to come to a mutually agreeable solution, than face the alternative of receiving no rental income at all. Be aware that falling into arrears with your rent could hint at deeper cash flow issues which should not be ignored.
How to deal with your landlord if you cannot keep up with your commercial property lease agreement
With so many financial demands on businesses these days paying a commercial lease can be difficult even though it is a priority payment for your company to make.
The problem if you don’t pay is that your landlord can take enforcement measures quickly in order to collect their debt. In some cases they don’t even have to go to court to take legal action which could severely damage your business and restrict your ability to continue trading.
So let’s look at what a commercial lease is, and how you should proceed if you can’t pay.
Struggling to pay commercial lease/rent? If you cannot pay your commercial lease/rent, you need to speak to a member of the expert team at Real Business Rescue to understand your next steps - Call Today on 0808 253 5217
What is a commercial lease?
Commercial leases are legally binding agreements that lay out the terms and conditions under which your business can occupy its premises. They state your duties and obligations under the agreement, rental payments, and the services the owner/landlord must provide.
So what happens if your business is unable to pay the lease, and what can you do to help yourself in this situation?
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When you can’t pay a commercial lease
Contacting your landlord should be your priority as soon as you know business cash flow won’t support your lease payment. Maybe you’re experiencing temporary financial difficulty due to events beyond your control, but if you quickly communicate this with your landlord they may be willing to offer more time to pay.
If your cash flow problems are likely to be more long-term, however, the landlord still needs to be aware of the situation so they understand that you aren’t deliberately trying to avoid payment.
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Considerations when negotiating with your landlord
- Remember that your landlord is unlikely to want to end your lease particularly if it may be difficult for them to find another business to take it on. If this is the case, you stand a better chance of arriving at an agreement that suits both parties.
- You may be able to sublet or assign the lease to another business if the terms allow for this. If the right to assign or sublet exists, this clause will be included in the lease agreement along with any other specific conditions.
- You’ll probably need to pay off your arrears alongside the current rent payments.
- A ‘break clause’ in the lease allows you to end the contract without penalty, although if you’ve built up arrears you’ll still need to pay these off.
- The landlord may agree to end the lease early, but could also demand a lump sum by way of compensation.
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What could your landlord do if you don’t pay?
Landlords have various options to recover debt if you fail to pay your commercial lease, including:
- Obtaining a County Court Judgment (CCJ) against your business
- Forfeiting your lease and repossessing the premises
- Seizing business assets under Commercial Rent Arrears Recovery (CRAR) legislation
- Taking action through the courts to wind up your company, or make you bankrupt if you’re a sole trader
CRAR legislation can only be used to recover rent payments and associated VAT and interest, rather than service charges and other ancillary payments. This legislation can only be implemented when the premises are used purely for business with no residential aspect.
Under CRAR, seven clear days’ notice would need to be given before bailiffs can enter your premises to identify goods for seizure and potential sale at auction – ‘clear’ days do not include Sundays and Bank Holidays.
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If your company is struggling with unmanageable debts, squeezed cash flow, or an uncertain future, you are far from alone. We speak to company directors just like you every single day, and we are here to give you the help and advice you need.
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What can you do to prevent enforcement action by your landlord?
Being unable to pay your commercial rent is a serious situation, so it’s important to take action as soon as possible. One option is to secure a source of alternative funding, such as invoice finance or asset-based finance if your company will be in a position to be able to keep up with the repayments associated with an additional finance agreement.
If you believe your business may be insolvent you should seek immediate assistance from a licensed insolvency practitioner, who will be able to advise on your best options. These could include formal renegotiation of your debts if the business owes money to more than one creditor, or possibly entering administration if you run a limited company.
How Real Business Rescue can help with landlord arrears
Commercial leases are a complex area of business and it can be difficult to know how to approach your landlord when negotiating repayment terms.
For professional guidance on this and other matters when you can’t pay your commercial lease, call our expert team at Real Business Rescue. We operate an extensive network of offices throughout the UK, and can offer you a free same-day consultation to quickly establish your position.
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