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Farm Business
Tenant Farming, Subsidies, BPS & Legal Issues
Non payment of rent due to Covid19
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<blockquote data-quote="AJ123" data-source="post: 6949599" data-attributes="member: 149107"><p>It very much depends what type of agreement they would be under we’re it formalised(which could be different to what they’re on on paper). </p><p>If a tenancy to which the 1954 landlord and tenant act would apply to ( exclusively occupied by tenant for <u>business</u> <u>purposes</u> for 12 months or more or on an initial tenancy of more than 12 months) then the 2020 Coronavirus act has some bearing:</p><p></p><p>Reentry for forfeiture is prohibited from 1stMarch to 30 June ( don’t be surprised if this is extended)</p><p>the tenant is still obliged to pay rent</p><p>interest if provision for it in the lease still rolls up</p><p></p><p>effectively all this does is defer the ability to kick out for failing to pay rent though. Important to note the tenant still has to pay-eventually.</p><p></p><p>If on a (genuine) licence then the above is not relevant.</p><p></p><p>The incoming corporate insolvency and governance act will prevent landlords from issuing statutory demands for rent until 30 June, I haven’t read the draft bill yet so not sure if this is restricted to 1954 act or all tenancies. </p><p></p><p>CRAR is currently still an option but it is difficult for the required enforcement agent to carry out their job due to social distancing so not that easy.</p><p></p><p>The best option in most cases is to agree a deferment, being sure it is drafted correctly so as not to waive the rent </p><p></p><p>Alternatively can take from the rent deposit, but you need to make arrangements how this will be topped back up in due course.</p><p></p><p>Or pursue the guarantor if you’ve got one.</p><p></p><p>I set out the above because it’s useful to know how big the sledge hammer is if you need it but it’s always easier using the toffee hammer if you can.</p><p></p><p>At the moment with who knows how many businesses going under or deferring expansion plans and consequently less tenants around to take up the vacant units as a result I would ask yourself if waiting for the rent is that bad compared to an indefinite void...If you can get them onto a payment plan of some sort it is normally better than the alternative. </p><p></p><p>Remember otherwise good tenants you know and trust are valuable and getting rarer these days! If possible,treat others how you would like to be treated yourself were you in their situation, imagine if you’d been prevented from working since March with absolutely nothing you could do about it. I would be straight on to anyone who had an invoice sitting in my Intray awaiting payment and pleading for time. </p><p></p><p>Good luck!</p></blockquote><p></p>
[QUOTE="AJ123, post: 6949599, member: 149107"] It very much depends what type of agreement they would be under we’re it formalised(which could be different to what they’re on on paper). If a tenancy to which the 1954 landlord and tenant act would apply to ( exclusively occupied by tenant for [U]business[/U] [U]purposes[/U] for 12 months or more or on an initial tenancy of more than 12 months) then the 2020 Coronavirus act has some bearing: Reentry for forfeiture is prohibited from 1stMarch to 30 June ( don’t be surprised if this is extended) the tenant is still obliged to pay rent interest if provision for it in the lease still rolls up effectively all this does is defer the ability to kick out for failing to pay rent though. Important to note the tenant still has to pay-eventually. If on a (genuine) licence then the above is not relevant. The incoming corporate insolvency and governance act will prevent landlords from issuing statutory demands for rent until 30 June, I haven’t read the draft bill yet so not sure if this is restricted to 1954 act or all tenancies. CRAR is currently still an option but it is difficult for the required enforcement agent to carry out their job due to social distancing so not that easy. The best option in most cases is to agree a deferment, being sure it is drafted correctly so as not to waive the rent Alternatively can take from the rent deposit, but you need to make arrangements how this will be topped back up in due course. Or pursue the guarantor if you’ve got one. I set out the above because it’s useful to know how big the sledge hammer is if you need it but it’s always easier using the toffee hammer if you can. At the moment with who knows how many businesses going under or deferring expansion plans and consequently less tenants around to take up the vacant units as a result I would ask yourself if waiting for the rent is that bad compared to an indefinite void...If you can get them onto a payment plan of some sort it is normally better than the alternative. Remember otherwise good tenants you know and trust are valuable and getting rarer these days! If possible,treat others how you would like to be treated yourself were you in their situation, imagine if you’d been prevented from working since March with absolutely nothing you could do about it. I would be straight on to anyone who had an invoice sitting in my Intray awaiting payment and pleading for time. Good luck! [/QUOTE]
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Non payment of rent due to Covid19
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