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New Code of Practice for commercial property relationships during the COVID-19 pandemic

Parfitt Cresswell • June 26, 2020
With the Ministry of Housing, Communities and Local Government introducing the new Code of Practice for commercial property this month we wanted to provide you with some insight into what it means for commercial landlords and tenants thanks to an update from our sponsors, Parfitt Cresswell.

We hope you find this update useful.

New Code of Practice for commercial property relationships during the COVID-19 pandemic
Over the last 3 months we at Parfitt Cresswell have been advising landlords and tenants on the different ways in which they can help each other deal with the shocks caused by the pandemic. Our advice has been that, to help tenant’s businesses survive, landlords and tenants should work collaboratively to try and agree concessionary, temporary arrangements wherever possible which will be mutually beneficial. 

The new “Code of Practice for commercial property relationships during the COVID-19 pandemic” (“the Code”) introduced by the Ministry of Housing, Communities and Local Government this month will build upon and support the ongoing negotiations that have been taking place over the last few months by providing a framework to these conversations. It will no doubt be welcomed by tenants, landlords and their lenders as the effects of the economic disruption caused by the coronavirus continues to be felt, particularly in the leisure, hospitality and retail sectors.

The aim of the Code is simple, it is to promote good practice between landlords and tenants and will ultimately assist with the recovery of the economy. Like other ‘best practice’ codes, compliance with the Code is not mandatory and depends on parties working together - “in good faith, reasonably and flexibly” in line with the following principles:

  • Transparency and Collaboration: in all dealings with each other, in relation to the code and the COVID-19 crisis, parties will act reasonably, swiftly, transparently and in good faith. Tenants who can afford their rent should continue to pay it but if they can’t they need to be prepared to explain why they can’t and back this up with supporting evidence. Landlords should agree concessions where possible and should give reasons when they cannot.

  • A Unified Approach: parties will endeavour to help and support each other in all their dealings with other stakeholders, including governments, utility companies, banks, financial institutions and others, to achieve outcomes reflecting the code’s objectives and to help manage the economic and social consequences of COVID-19. 

  • Government Support: Where businesses (whether landlord or tenant) have received government COVID-19 related subsidies or reliefs (for example the Job Retention Scheme, loans, grants, business rates relief or VAT deferral), it should be recognised that this support has been provided to help businesses meet their commitments and will include a spectrum of costs. 

  • Acting Reasonably and Responsibly: parties will operate reasonably and responsibly, recognising the impact of COVID-19, in order to identify mutual solutions where they are most needed.
When trying to come to a new arrangement there are many options to consider and the Code offers some suggestions such as:

• a full or partial rent-free period for a fixed time;
• a deferral of the whole or part of the rent for one or more payment periods; 
• a change to rent payment schedules from quarterly to monthly, paying rent in arrears rather than in advance; 
• a switch to turnover rent incorporating any period of closure or payments at the current market rate; 
• landlords drawing from rent deposits without enforcing the tenant’s obligation to top the deposit up to the minimum amount specified in the rent deposit deed; 
• rent reductions; and
• landlord’s waiving their right to charge interest at the default rate on unpaid rents. 

This list is not exhaustive, and every landlord and tenant relationship will be different and have different needs and objectives. We are able to help you negotiate an agreement that will work for you in your current circumstances.

The Code recognises that it doesn’t all have to be one sided and, in return for any of these concessions, a landlord can ask for something in return, for example, removal of a tenant’s break clause, a lease extension or adding a further rent review later in the term of the lease. 

Any agreement that is reached should be properly documented and any variation to the rent payment should protect against forfeiture after the moratorium on forfeiture under the Coronavirus Act 2020 is lifted. We therefore recommend that both landlords and tenants act now, if they haven’t already done so, to try to reach an agreement acceptable to both parties and work together to facilitate the swift recovery of our economy.

If you would like to speak to one of Parfitt Cresswell’s expert commercial property team call them today on 0800 999 4437 or email enquiries@parfittcresswell.com quoting reference CPROP260620 to take advantage of their complimentary telephone/video conference consultation.

May 4, 2021
LinkedIn is a key channel for personal branding, so your LinkedIn profile is the launchpad to building a strong professional network. The channel is also the place to be if you wish to continue relationships of key people you meet at zoom networking events allowing you to easily stay in touch after making the effort to attend the meeting. As well as being the touchstone for nurture and lead generation a well optimised LinkedIn profile is on the same level as making a good first impression when you meet in person. How do you optimise your profile? 1. Make sure you have a current and professional head and shoulders photograph of yourself. You are on the platform to do business so ensure you appear to be there for that reason so a picture with your partner, favourite pet or vehicle doesn’t cut it. It should be a current photograph as it could be embarrassing putting a ten-year-old photo on the platform and when you meet a contact in person you look nothing like your photo so it could end up being a little like a bad first date. Be authentic. 2. Also use Canva.com to create a background image as why miss the opportunity to promote your business. If you have staff on LinkedIn create an image for all of them to use as their background as it’s a little like giving them all a company vehicle with no costs attached. 3. Treat your LinkedIn profile as an online resume and ensure you complete every section – a. The about section – I split this into two sections i. My Background ii. What I Do Now iii. Include an email and phone number at the bottom of this section b. Experience – show at least the last two positions c . Education d. Licences and Certifications e. Skills and Endorsements – You can have 50 of these so put in as many as you can for example if you were a bar person you could include customer service. f. Recommendations – request these from people you know 4. Use keywords in your headline – think of the words you would use if you were looking for your goods or services. 5. Join groups which could be a. Within your industry b. Where your target market is c. Services you have an interest in If you require any help or advise we offer training or talk you through the process via zoom. Blog written by Linda Cloke of We Do Social Media Ltd Contact: Linda@wedosocialmedia.co.uk or call 07769943756
By Connectionsb2b January 12, 2021
According to the Health & Safety Executive, over 11 million workdays are lost each year due to stress at work! The latest Employment Law Bulletin from our sponsors Parfitt Cresswell Solicitors focuses on the topic of stress in the workplace and the actions that employers can take to defend themselves against claims arising from this. In the Employment Law Bulletin expert Philip Luff covers: • What stress is • The duties of an employer • The potential action that an employee can bring against their employer for work related stress, and offers tips on how employers can best protect themselves against workplace stress claims To read the article and find out more about Stress Related Claims in the workplace click here . If you would like legal advice regarding an Employment Law matter take advantage of Parfitt Cresswell Solicitors’ complimentary initial video/telephone consultation with one of their legal experts. Call 0800 999 4437 or email enquiries@parfittcresswell.com today to arrange your free initial consultation.
By Parfitt Cresswell November 9, 2020
This article is brought to you by Parfitt Cresswell Solicitors Extension of the Furlough Scheme (CJRS) On Saturday 31st October the Prime Minister announced a further national lockdown in England to address the increasing rate of Covid-19 infections throughout the UK. This lockdown commenced on 5th November and will remain in place until at least 2nd December 2020. Under the previous tiered ‘local’ lockdown arrangements, the Government had announced two Job Support Schemes which were intended to succeed the Coronavirus Job Retention Scheme (furlough scheme). These schemes were known as the ‘JSS Closed’, aimed at businesses that had been forced to close under the tiered restrictions and the ‘JSS Open’, a scheme for businesses who although affected by Covid-19, were still able to open. These schemes were due to replace the existing furlough scheme when it ended on 31 October 2020, with the Government support significantly reduced when compared with the original CJRS. However, along with the announcement of a national lockdown throughout November, it was also announced that the CJRS would be extended for a further month. A few days after this, the Chancellor announced that this extension of the furlough scheme would now run until the end of March 2021. As such, the JSS is not likely to resurface until at least April 2021 (if at all). How had furlough changed By way of a reminder, the CJRS has been through several changes since its introduction in March 2020, from the Government initially funding 80% of an employee’s salary up to £2,500, with government support reducing in recent months as restrictions eased. In October 2020, the month before the scheme was due to end, the government contributed 60% of unworked hours up to a cap of £2,187.50, with the employer paying the additional 20% along with employer national insurance and pension contributions. How will the extension work? In simple terms, the extension of the Furlough Scheme puts employers back to the same level of government contributions that were available in August 2020, with the Government funding 80% of eligible employees’ salary, but the employer having to contribute both employer national insurance/pension contributions themselves. The current understanding is that the furlough extension will operate largely as it did before, however the following now applies: • The extended scheme will run until 31 March 2021. • The employer or employee are not required to have previously used the CJRS • To be eligible, the employee must have been on the employer’s PAYE payroll by 23.59 on 30 October 2020 and the employer must have made a Real Time Information (RTI) submission for that employee by that date. • The employee can be furloughed either full-time or flexibly (for part of their hours). Employers will need to report and claim for a minimum period of seven consecutive calendar days. • The government will pay 80% of eligible wages for any unworked hours, (up to a cap of £2,500) with the employer paying employer NIC and pension contributions on these unworked hours. Employers will need to pay the employees for any hours worked as per usual. • The employer can choose to top up to 100% if they wish but is not obliged to. • The Job Retention bonus for employers (£1,000 for each employee kept on until the end of January 2021) will no longer be able to be claimed in February as planned, but will possibly be introduced at a later date to help avoid the impact of the furlough scheme ending. • The Government will review the scheme in the New Year, so it is still possible that increased employer contributions could be required prior to the end of March. As with all these announcements, further detail and guidance will follow from the government in due course. If you require further legal assistance regarding the CJRS or and other employment law issue, take advantage of our complimentary initial consultation (available via telephone or video call) today by calling 0800 999 4437 or email enquiries@parfittcresswell.com
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