How are retail CVAs affecting the tenant-landlord relationship?
Financial and operational restructuring has become a familiar sight on our high streets, with many well-known and well-established retailers turning to formal insolvency processes in an attempt to stave off insolvency. In an ideal world, landlords and tenants would be able to come to a mutually agreeable repayment plan, which allows the landlord to recover the arrears in full while also ensuring tenants can continue to trade profitably. Unfortunately, however, this is simply not often possible. Retailers and the CVA Retailers, particularly those with a large network of bricks and mortar high street stores, have long favoured Company Voluntary Arrangements (CVAs) and company administration as tools to restructure both operations and finances. For retailers with a high street presence, CVAs have become particularly popular over recent years due to the ability to renegotiate onerous lease terms as part of the process. This allows not only existing rent arrears, but also future contractual rental payments to be reduced significantly. Unsurprisingly, this type of arrangement does not represent quite as attractive a proposition to landlords as it does to tenant companies, with many landlords voicing concerns that CVAs are unfairly prejudicial to their interests, making them a prickly issue in the tenant-landlord […]