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Two years ago, the government enacted Part 26A of the Companies Act 2006. The aim was to offer protection for companies during the Covid-19 pandemic, allowing the option of arranging a sanctioned restructuring plan. This includes the possibility of a moratorium on the company’s debts. However, one aspect of this not specifically covered by the Act, and not previously tested in court, is the position of third-party gu

During the Covid lockdown, many businesses unable to trade or use their premises fell into arrears with their commercial rent. Although businesses are generally up and running again, many have found difficulties in catching up with these arrears. This has obviously also impacted on landlords’ finances, but the government’s Commercial Rent (Coronavirus) Act 2022, which came into force on 24th March, has se

On the 10th March, the Government announced that the current moratorium on evictions will be extended until 31st May, for both domestic and commercial tenancies. This is clearly good news both for people who rent their home and for struggling businesses, but not necessarily for equally struggling landlords. So, does this mean that no evictions can take place, regardless of the circumstances? The Extension of the Mora

During the first Covid-19 lockdown, we were in unknown territory, and rules had to be worked out on the go. This time, we’re more used to being locked down, and regulations (many of which are much the same as for tiers 2 and 3) have been put quickly in place. And this includes the regulations for enforcement visits for writs of control, writs of possession and serving eviction orders. The Rules for Writs of Con

Since the Covid-19 lockdown began, it’s been difficult not only to initiate claims for debt recovery, but even to enforce orders already granted by the courts. This is because many enforcement visits have been suspended, making repayment entirely dependent on the debtor choosing to obey the order. However, the lockdown is being gradually eased. We can eat at a restaurant, enjoy a pint at a pub and even have a h

When you’re signing a commercial contract with a partner, you may find it includes a penalty clause. Or possibly you’ve included one in a contract you’ve drawn up. This is, in essence, a clause which states that a specific sum is payable in the event of a specific failure, such as late delivery of materials or services, or late payment of an invoice. Liquidated and Unliquidated Damages Penalty clauses have a contenti

Although often a controversial topic, instructing a bailiff is one of the most effective ways of collecting a debt in the UK. If a tenant is in rent arrears or they have another outstanding debt to you, using the services of a bailiff is often the most straightforward means of recovering the amount. If you instruct a team of bailiffs to recover an outstanding debt from your commercial property – whether that is a sho

Any legal document requires close scrutiny before you sign it, and this is certainly true of a commercial lease. The ideal solution would be to have the agreement drawn up by a commercial law solicitor working for you, who’ll ensure there are no nasty surprises. Often, however, your landlord will present you with a ready-made agreement. Most landlords won’t be trying to cheat you, but the agreement will have been dra

Tax evasion and avoidance are big news these days, and most of us associate them with the multinational corporations and super-rich celebrities we read about in the news. But HMRC recently revealed who the biggest culprits are — SMEs. SME Tax Evasion HMRC estimates that they’re owed a total of £5.2bn in evaded tax payments, and of course those are only the debts they know about. Tax evasion, unlike tax avoidance, is

A guide to alternative business finance Setting up a business and funding it while it takes its first, unsteady steps in the world can be an expensive proposition. As it grows and becomes more resilient, a successful company will begin to be able to stand tall on its own 2 feet, but the initial infancy can be resource intensive. Traditionally, a business in need of finance walked into a bank and asked for it. Today,