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Retail

Linder Myers Solicitors Served Winding Up Petition

in A guide for redundant employees in administration or insolvency situations Retail What Does Going Into Administration Mean?

Update 1 August 2023Linder Myers cases are now being handed by Gordons.  You can contact Gordons LLP directly by calling 0113 227 0385 or emailing metamorph@gordonsllp.com.Hundreds of jobs could be at risk after HMRC issued a winding-up petition against law firm Linder Myers Solicitors.The 100-year-old firm, one of 14 legal brands run by Metamorph Group, has locations in Manchester, Chester, Lytham, York, and Shrewsbury.Three of these names—Linder Myers, Donnelly and Elliott Solicitors in Gosport, and SLC Solicitors in Telford—combine to form MLL Ltd, which was this week served with a petition for winding up.The group is “working hard and in collaboration with HMRC to resolve any outstanding matters in relation to our company MLL” a representative for the group told TheBusinessDesk.com.MLL is currently four months behind on its accounts for the year ending in June 2021.Donnelly and Elliott Solicitors, SLC Solicitors, and Linder Myers Solicitors were combined as part of a reorganisation, which resulted in a £2.1 million deficit for the 18 months ending in June 2020, according to MLL’s most recent filed accounts.The company had more than 300 employees and assets worth £4.5 million at the time, yet its financial statements also had a signed promise from Metamorph Group to offer help for at least a year if necessary.The company stated in the notes to the financial statements that “Covid-19 has had a mixed impact on the group, with some areas such as trusts and probate and family increase in demand for services throughout the period and in other areas, the courts slowing down has reduced our ability to complete cases.“Furlough was used to help manage the financial impact of this situation, which also enabled the retention of key skills and capacity within the business.”In a statement addressing the action taken by its creditor, Tony Stockdale, the founder, CEO and Chair of the group, said, “We are working to resolve matters with HMRC and we are very confident of a successful outcome”.He said the group had “a supportive group of shareholders and management team who remain committed to our strategy”.“That said, the action of HMRC was a shock to everyone. As a result we will be making a number of changes in the business to avoid a repetition.”

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Linder Myers Solicitors Served Winding Up Petition

A landlord’s and tenant’s guide to commercial rent arrears recovery (CRAR)

in Creditor Actions Property and Real Estate Retail

For the better part of 250 years, landlords enjoyed the right to claim ‘distress’ for unpaid rent – meaning that they could seize (distrain) and sell their tenants’ goods to recoup the loss of earnings.The Rent Act 1977 stripped this right from residential landlords1, but commercial landlords continued to be able to exercise distraint until April 2014, when distress laws were replaced with the commercial rent arrears recovery (CRAR) process2, 3. So what exactly is CRAR? Like most archaic UK legislation, distress law was unnecessarily complicated and, many felt, rather unfair. The CRAR rules that supersede them are intended to be simpler and more balanced, with a greater focus on tenants’ rights than their predecessors.CRAR still allows a landlord to collect overdue rent without the need for a court order; however, it applies only to commercial tenancies, and the tenancy must be subject to a written lease. It can only be used to recover rent and any interest and/or VAT payable under the terms of the lease. Landlords: enacting the CRAR procedure Before claiming unpaid rent from a commercial tenant, you must remember the following:The arrears must be at least seven days’ worth or more at the time the notice is served and at the time of enforcement You do not have the right to seize your tenant’s goods yourself; they can only be seized by a certified enforcement agentOnce you have found an authorised enforcement agent, you will need to fill out a Warrant of Control form to enable them to begin enforcement action. The enforcement agent will then take over the process, issuing a seven day notice to your tenant in the first instance.If the rent remains unpaid at the time of enforcement, the agent will enter the property and take control of certain goods located thereon to be sold at public auction. Tenants: your rights under CRAR Firstly, you must remember that a notice of enforcement binds goods to remain on the property, meaning you cannot sell or remove them. You can, however, delay enforcement by applying to court for a delay of execution or a set aside.It is possible to enter a controlled goods agreement in order to repay what you owe over time. Under such an agreement, the goods will remain on the premises, but your landlord’s enforcement agent will be able to remove them if you default on your agreed repayments.If goods are taken, the enforcement agent must provide you with an inventory of everything seized as specified by section 33 of the Taking Control of Goods Regulations 2013.If your lease has expired, your landlord can only use the CRAR process if:the lease ended within the last six months; the lease did not end by forfeiture; the rent was owed by you at the time the lease ended; you still possess some of the goods formerly located on the premises; you occupy the goods under a commercial lease; and your old landlords was, at the time the lease ended, entitled to immediate reversionBeing unable to pay debts, such as commercial rent, when they become due is a warning sign of insolvency. If this described your company’s situation, it is highly recommended that you seek insolvency or turnaround advice from a professional firm.References1. Rent Act 1977, s 147(1)2. Tribunals, Courts and Enforcement Act 2007, s 713. The Taking Control of Goods Regulations 2013, SI 2013/1894

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A landlord’s and tenant’s guide to commercial rent arrears recovery (CRAR)

Administration for major UK wedding dress retailer, David’s Bridal

in A guide for redundant employees in administration or insolvency situations News Retail What Does Going Into Administration Mean?

Just hours after its US owner filed for bankruptcy and David's Bridal UK has filed an intention to go into administration. Andy Pear and Milan Vuceljic of Moorfields Advisory have been put on standby to be  appointed as the administrators working on the case.Across the UK, David's Bridal has 100 employees across its four stores in Watford, London, Brimingham and Glasgow.The retailer, founded in America in 1950, has operated in the UK since 2013, specialising in wedding and occasion dresses and accessories - a name known for many to-be-brides!In a statement, David’s Bridal said: “David’s Bridal stores remain open, and the company intends to continue operating in the ordinary course, including by fulfilling all customer orders without disruption or delay.'' It said it “intends to continue exploring a sale of all or some of its assets”.This is not the first time the retailer has faced difficulty. In 2018 it had filed for bankruptcy. According to CEO of the American parent company, meaningful strides had been taken in recent years to meet customers needs and transform accordingly.“Our business continues to be challenged by the post-Covid environment and uncertain economic conditions, leading us to take this step to identify a buyer who can continue to operate our business going forward. We are determined to stay focused on our future, because we believe we have an important role in ensuring that every bride, no matter her budget, can have her perfect dress.”When analysing the recent history of the UK counterpart, it had warned of a “material uncertainty” about its ability to continue in its 2021 accounts, which were signed off by the board last December. This was because the US parent company had done a deal in November 2022 to create additional liquidity that was dependent on “continuing compliance” with the loan terms.The UK business’s most recent published accounts, for 2021, showed a £170,000 loss on revenues of £4.3m. It last recorded an annual profit in 2018.

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Administration for major UK wedding dress retailer, David’s Bridal

Landlords Settle Case Against New Look’s CVA Before Court of Appeal

in News Property and Real Estate Retail What is a CVA (Company Voluntary Arrangement)?

3 March 2022New Look's landlords have just announced that they have settled with the company on the day before a crucial hearing at the Court of Appeal.17 May 2021New Look Landlords have been granted leave to appeal to the Supreme Court over their treatment in the CVA.Yet again the High Court has upheld the power of the CVA mechanism as a way of ensuring that a company can survive if the majority of its creditors (by value) agree to allow it time to get back on its feet.  Landlords feel that it is unfair but if it is not to be the creditors who else?  A panel of "experts"?  A quango?  The Government?Landlords complained that the switch to turnover rent “fundamentally rewrites” leasing agreements.  Unfortunately, when a company becomes insolvent and, in the case of administration, all contracts are "rewritten".There is a shift in the balance of power between landlords and tenants given the loss of footfall on the High Street and the rise of online shopping recently.  However, if everyone rushes back to the shops, post pandemic, maybe the landlords will be able to take a share on the increased turnover?17 March 2021It has been reported that New Look has entered a High Court battle with two of its landlords; British Land and Land Securities, over its proposed restructuring plans.In total, there were four landlords who challenged the CVA which involved switching stores to turnover based rents.The argument is that switching to turnover rents ‘’fundamentally rewrites’’ leasing agreements and deems the payments of arrears as ‘’unfair’’.10th November 2020New Look announce completion of its refinancing scheme which included a debt-for-equity swap to reduce debt from £500m to £100m and a £40m cash injection.The refinancing scheme was first mentioned in August, at the same time as its (now approved) CVA was first announced.CEO, Nigel Oddy said: “I would like to thank our banks, bondholders, landlords and creditors for their support during our financial recapitalisation process and CVA. Completion of the transaction today means we now have significantly enhanced financial strength and flexibility, and a sustainable platform for future trading and investment. Looking ahead, notwithstanding the challenging market conditions, we are focused on delivering our strategy to enhance our position as a leading convenient broad appeal fashion destination''.2nd November 2020It has been reported that 2 landlords, British Land and Land Securities have challenged New Look's CVA casting doubt on the company's ability to survive.  The new lockdown will hit New Look hard as they only have a small proportion of their sales online (20%). Challenges against CVAs have not been successful in the past.5th September 2020In an unexpected outcome - New Look's creditors have approved its CVA proposals when put to a vote today. Creditors approved with a 75% majority vote in favour.The CVA features no store closures and saves all 11,000+ jobs. It looks to move more than 400 of its UK stores to turnover-based rental models, have an enhanced landlord break clause, and a three-year rent holiday on its 68 remaining stores.14th September 2020British Land, a landlord of New Look, owning 19 of its stores, plans to oppose its CVA proposal laid down to vote on tomorrow. Landsec, of whom own 10 stores also are believed to oppose as are Hammerson.The possibility that New Look's biggest landlords will vote against the plan, does not appear good for the retailer. Its chance of survival is thrown further into red.What will the outcome be tomorrow?6th September 2020It is not looking promising for New Look since around ten of its landlords have been reported to of rejected its CVA proposals, to be voted on by creditors in the next 9 days. Can the table still turn? Or is liquidation coming even more unavoidable now?26th August 2020New Look has announced it has reached an agreement with its financial creditors. This involves investing £40m in new capital and ''significantly de-leveraging'' its balance sheet. The group expect this to be complete on or before 31 October 2020.The company has also announced that it is launching a CVA, so asking landlords to accept new turnover-based leases across its portfolio.The fashion retailer also said it is launching a debt-for-equity swap on its current debts, looking to lower those from £550m to £100m.The British Property Federation have criticised the CVA proposal due to ''inaccuracies''.Drapers report more.10 August 2020According to This is Money, New Look is reported to be considering a company voluntary arrangment (CVA) since it looks to switch to turnover-based rents.Advisors from Deloitte are expected to be appointed as soon as this week.If a CVA is used, this would not be the first time for the company. The retailer used one in 2018 when landlords voted in its favour as it was used to improve the operational performance of the company.01 July 2020It is reported that New Look has given an ultimatum to landlords; trying to reach an agreement to move to turnover-based rents for its 500-strong store estate.Consultancy firm, CBRE, have been hired to help with the process. If discussions with landlords are not successful, likelihood of the retailer falling into a pre-pack administration is high.If a pre-pack is used, this would be the second financial restructuring it has undergone in less than two years, after its debt-for-equity swap with stakeholders in January 2019. At this last restructuring, New Look moved onto monthly rents for most of its portfolio and asked for rent holidays for some of its stores.Talks with landlords have been happening for most of the month though concern rises that some will block the proposal.A pre-pack has been discussed and is ‘’the last thing it wants.’’A spokesperson said, ‘’We are committed to seeking a consensual agreement with landlords to move to turnover rents, and work in partnership with them as we continue to navigate these increbily challenging and uncertain times together.’’The retailer employs 12,000 people across its UK and Ireland business.New Look are not the first to look at a move to turnover rents amid the covid-19 pandemic. Frasers Group are the latest to be looking at doing so. Other retailers have appointed administrators as a result of the pandemic: Debenhams, Laura Ashley, Cath Kidston. Some have also refused to pay March quarterly rents.

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Landlords Settle Case Against New Look’s CVA Before Court of Appeal

Retailer rescue with CVA

in Retail What is a CVA (Company Voluntary Arrangement)?

Are you a retailer with serious financial problems? Have sales not recovered post pandemic? Do you have some poorly performing shop units and cannot get rid of the rent liabilities?Talk to us now about how we can help multiple retailers and other types of retail business restructure and cut loss making activity.We can determine lease obligations, remove staff at low cost and negotiate with your bank! Read our 69 page experts guide to CVAs.In the last couple of years many High Street names have failed.See a list here on the Centre for Retail Research website. or keep up to date with our news pages on companies that have gone bust.It seems too that when times get tough the marginal or secondary site stores suffer most, so how do you get rid of those?Without resorting to shareholders for capital or debt/bond facilities, many larger groups are entering protective insolvency, closing stores or trying to survive by restructuring.Fragility is the order of the day for undercapitalised companies. Having to meet bank covenants, rent quarter days and pay VAT /PAYE when due, are impossible juggling acts to achieve when making a loss.The increase in business rates, which many firms in built up cities are experiencing, due to Government changes, are also not helping. So how can KSA Group help a retailer restructure? Where a retail group has a number of badly performing stores but the remainder are viable/profitable then it is enormously difficult to stop the haemorrhage of cash (even if the bad stores are shut down, rent and overheads are still payable). Normally a retailer can only hope that the landlord will let the company assign or surrender the lease, obviously the landlords business requires tenants paying rent, not empty properties. Too many vacant properties could mean that their business model is not viable.With the inherent power of the lease they will be very unlikely to allow surrender without a price being paid. Even assignment may lead to future problems if the assignee is not financially strong.With use of a company voluntary arrangement (CVA) we have assisted companies with exiting their non performing properties and shopping centres. Additionally, we have helped terminate formal leases, therefore crystallizing the liability. Rent payments are terminated and landlords are prevented from taking recovery action. Often, we are asked - how can this approach work? It is essential that the proposals are cogently structured and careful financial forecasts are formulated in support of the CVA proposal. Following this, detailed negotiations must begin with landlords to seek surrender or termination of the lease. If this is not forthcoming then the company should consider exiting the property before the CVA proposal is published and finalized.KSA helps our clients with deal structure, turnaround management, building the proposals and forecasts, driving the deal with creditors and helping the board through the crisis.Be aware that it is not usually necessary for Administration or Receivership to be used for this approach! Therefore it is cost effective and powerful with minimal cashflow consequences. Stock and fixtures (as long as not landlords improvements) can be used elsewhere in profitable stores.Talk to us now, call Iain Campbell or Keith Steven for more details: 0800 9700539Want to know more about KSA Group?See here for client case studies. See our testimonials page for what our clients say about us.Retailer CVA Case StudiesMidlands: £1m sales Bathroom and Kitchen Products London based Multiple Furniture and Design RetailerOur furniture and design retailer client successfully exited their CVA in 2017. Below outlines a brief overview of its profit and loss account:  "Keith - we will gladly give anyone a glowing reference for KSA Group, what you achieved for our company was excellent. Now we are away from the high rent mall shops, our factory shops are doing really well. Without your help in re-organising the company's store mix and debt, I know that we would have gone into liquidation" A quote from the managing director of a mid sized fashion chain with high street, mall and factory outlets, we closed all the non performing stores and helped him save his company. He will vouch for KSA Group's work, why not give us a call now? 0800 9700539

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Retailer rescue with CVA

All Debenhams stores to close next week before Boohoo moves it to an online only brand

in News Retail

5 May 2021An update on the status of Debenhams stores.All stores will close for good by 12 or 15 May 2021. Currently 52 stores have been closed, as stock has been sold off. But for the remaining 49, stock continutes to be sold, with 'unmissable discounts' for the final few days.Boohoo will then take the brand online only, changing the Debenhams retail business model completely.25 January 2021Boohoo, the fashion retailer, has paid £55m to purchase Debenhams' brand. The intention is to relaunch the collapsed brand online only.The cut-price deal for the brand name, intellectual property and customer lists will eventually lead to the closure of Debenhams' 118 stores since no sites are included in the sale.Administrators at FRP Advisory confirmed that once COVID-19 restrictions permit, stores would re-open for the purpose of clearing stock. A fire sale will continue online.This leaves over 10,000 staff facing the prospect of redundancy.On the matter, Boohoo say: "Debenhams is a long-standing and leading UK fashion and beauty retailer with high brand awareness, and an established online platform with approximately 300 million UK website visits per annum. This makes it a top 10 retail website in the UK by traffic. The transaction represents a fantastic opportunity to grow the group's target addressable market and increase the share of wallet opportunity through a new capital light and low-risk operating model that is complementary to the group's highly successful direct-to-consumer multi-brand platform."13 January 2021Today's news hits that Debenhams confirms plans to close six of its stores for good. This includes its London flagship store on Oxford Street, which will affect 320 members of staff.FRP Advisory continue to work with the department store chain and enage in conversation with a number of third parties regarding the sale of all or parts of the business.As of the announcement made on December 1st 2020, Debenhams will continue to plan for the ongoing wind-down of the business.7 December 2020This morning we have confirmation that Mike Ashley's Frasers Group is in talks over a potential rescue deal for Debenhams.Discussions and negotiations are being held with administrators of the collapsing retailers UK business.When announcing this update in a stock market statement, it was also said: "Whilst Frasers group hopes that a rescue package can be put in place and jobs saved, time is short and the position is further complicated by the recent administration of the Arcadia group, Debenhams' biggest concession holder. There is no certainty that any transaction will take place, particularly if discussions cannot be concluded swiftly."1 December 2020Debenhams likely to close following the collapse of talks to buy the department store by JD Sports.  The business will trade until all stock is cleared.  It is possible that a buyer will reappear later but it is unlikely. 12,000 jobs are at risk as are 124 sites.JD Sports were thought to be the only entity left in the sale process which administrators initiated after the department store chain collapsed earlier this year.It appears the collapse of Arcadia Grroup spooked the sportswear chain into their decision.Debenhams released a statement on the matter this morning: ''JD Sports Fashion, the leading retailer of sports, fashion and outdoor brands, confirms that discussions with the administrators of Debenhams regarding a potential acquisition of the UK business have now been terminated."19 October 2020Mike Ashley renews his bid for Debenhams.This comes as Lazard's auction for the retailer, nears its final stages. It is heard Mr Ashleys' offer is somewhat improved.11 October 2020Mukesh Ambani, India's richest man, has pulled out of the race to buy Debenhams. Other parties remain interested.23 September 2020Though there is no certainty that his interest will develop into a formal bid, Mukesh Ambani, India's richest man and the powerhouse behind one of the country's largest conglomerates, has joined the listing of parties who are in discussions with advisers about acquiring part or all of the 242-year-old struggling retailer.The emergence of Mr Ambani and his Reliance retail empire comes as a shock, especially amid the struggling retail market conditions being faced by the coronavirus pandemic.01 September 2020Debenhams set a deadline for takeover bids to 5pm today. Lazard, who are overseeing the sale process request this as administrator, FRP Advisory, seek to conclude a sale of the business by this month end. If a sale is not complete then alternative options will be looked at, putting job losses on the line.15 August 2020In the latest news, Debenhams' owners have appointed Hilco Capital to begin drawing up liquidation plans for the struggling department store chain, in the event that a sale comes unsuccessful.Contingency planning is underway this weekend as a future is seeking to be found for the 242-year-old retailer, ahead of the crucial pre-Christmas trading period.26 July 2020It has been reported by The Guardian that the 242-year-old department store chain, Debenhams, has appointed investment bank Lazard this weekend to oversee a sale process. Hopes are that a buyer is secured before the end of September.This becomes the third time in a year that the struggling retailer has gone through a type of insolvency procedure. Last year it went through a pre-pack administration before a company voluntary arrangement.FRP Advisory is working alongside the management team as it goes through a ‘’light touch’’ administration, meaning directors are running the business instead of handing over control to administrators completely.18 stores have been shut, creating a loss of over 1,000 jobs from its shops and London HQ. 124 stores continue to trade after lease negotiations with landlords went underway.‘’Now that Debenhams has 124 stores in the UK open and is trading ahead of expectations, the administrators of Debenhams Retail Ltd have initiated a process to assess ways for the business to exit its protective administration.’’Outcomes as a result of this vary from the sale to a third party (of which several buyers have already expressed interest), a potential new joint venture arrangement and even the current owners retaining the business. Liquidation has not yet been ruled out, if further investment is not found.‘’The administrators will be guided by what delivers the best outcome for creditors.’’The retailers’ Irish arm has already been placed into liquidation, but liquidation of the whole group is unlikely and would only occur if all other options have been expended.Debenhams is not the only retailer to be hit by Covid-19. John Lewis and Marks and Spencer’s are also among those hit and having to cut jobs and close stores in order to survive. Debenhams however faced difficulty pre-virus since they already were struggling with a £600m debt pile. This followed by havign to adapt to changing consumer habits brought on from the unprecedented pandemic, encouraging consumers to move to shopping online accelerated its difficulties.

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All Debenhams stores to close next week before Boohoo moves it to an online only brand

Arcadia brand Outfit is to have its stores closed down by the end of the month

in A guide for redundant employees in administration or insolvency situations News Retail What Does Going Into Administration Mean?

19 January 2021Deloitte, administrators of Sir Philip Green's Arcadia empire announce its Outfit operation will close down by the end of the month, with more that 700 jobs lost.Outfit brings all of the tycoon's retail brands, including Topshop, under one roof.It has 21 sites, mainly in out-of-town shopping destinations.In regards to other brands, so far Evans is the only which has been sold - and this did not include its store network.Next and JD Sports are rumoured to be among the competing bidders for the brands, with Topshop the most valuable and others including Burton, Wallis and Dorothy Perkins.This being said, any deal is expected to result in the loss of some jobs as the new owners are unlikely to retain the group's entire estate of around 400 stores in the current market.21 December 2020It has been announced today that Evans' brand, commerce and wholesale business has been sold to City Chic Collective for £23 million.A deal is expected to be completed on December 23, which will lay out the terms of the sale of the brands' intellectual property, customer base and inventory, to City Chic. Evan's store network will not be purchased and administrators, Deloitte state stores will continue trading for now.Evans, plus-size clothing and footwear retailer is a part of Sir Philip Green's collapsed retail empire, Arcadia.City Chic Collective is listed on the Australian stock exchange and specialises in plus-size women's fashion. It operates mainly online in the US, Australia and New Zealand.Deloitte said that the process to find new owners for the other Arcadia brands i.e. Topshop, Topman and Dorothy Perkins, was ongoing and that there has been significant interest expressed for each.30 November 2020Arcadia Group collapses into administration. The collapse of Sir Philip Green's retail empire leaves 13,000 jobs hanging on a thread. It becomes just another corporate failure from COVID-19.The retail empire operates from 444 UK sites and 22 overseas. It also has an online arm.As of yet, no redundancies or store closures have been announced. The business will rather trade as normal, with stores ready to re-open ahead of the UK lockdown restrictions being lifted this week.Appointed administrators from Deloitte begin the search for a buyer for the business.27 November 2020It has been reported by Sky News that Arcadia Group is facing collapse within days.As soon as next week, administrators from Deloitte are thought likely to be appointed to Sir Phillip Green's retail empire.Arcadia Group owns Topshop, Burton and Dorothy Perkins. 15,000 jobs are at risk.A retail industry figure said that the collapse of Arcadia is inevitable following unsuccessful talks with lenders about an emergency £30m loan.If insolvency is confirmed it is thought this will be a catalyst for creditors scrambling to get their hands on the companies assets, even its online operations!Sky News report more.14 November 2020It has been reported that Arcadia Group is in a race to secure £30m.Talks with a number of parties are underway, in hopes to get the funds needed to prop up the business after the second English lockdown halted its pre-Christmas trading plans.Without this financial backing, will Sir Philip's empire survive the coronavirus pandemic?27 July 2020The latest on the situation of Arcadia Group is that they are said to be on the verge of launching another restructure, after being battered by the coronavirus lockdown. If another restructure is launched, it would be the second for the retail giant in just over a year.According to The Sunday Times, the company recently put forward a cost-cutting plan to the Pensions Regulator. Though exact details are unknown, it is reported that Arcadia has a deficit of £727 million in its pension funds.The Retail Gazette report more.09 April 2020An update on the situation of Arcadia Group is that they are seeking £50 million worth of funding, approaching banks and hedge funds.The funding is to be for its distribution centre in Daventry, Northamptonshire, to help support the business through the coronavirus crisis.A potential lender, approached about the plan has said that the company indicated its interest in getting a deal agreed as soon as it can. Currently there is no further update as to if a deal has been reached or not.­06 April 2020Arcadia Group is rumoured to be facing a winding-up petition as it cancels orders to suppliers in a bid to stay afloat amid the coronavirus outbreak.According to a spokesperson for the company, no decisions have been made yet. But, the terms of a rescue plan which was agreed with creditors in June 2019, provided possibility of more store closures than the initially planned 22.Last week it was reported that court records showed Principle Systems, a subsidiary of marketing company Principle Global, filed a winding-up-petition against Sir Phillip Greens’ retail empire. This is likely to be resolved but indicates a bigger matter than Arcadia are joining other retailers in delaying payments to suppliers in order to conserve cash.  It is also likely that the petition wouldn't be heard for a long time anyhow with many hearings being pushed into the Summer.Principle Systems developed furniture and branding for the latest Ivy Park and Kate Moss collections in Topshop.It is also heard that Arcadia are likely to serve notice on landlords to walk away from many of its 550 stores this week.With the coronavirus pandemic hitting, there has been a dramatic fall in revenues for the business amongst other fashion retailers. Many retailers are scared that the once stores can re-open, the economic impact left with greatly reduce demand.Following the governments lockdown measures, all stores have been forced to shut temporarily. Its e-commerce arm continues, despite a small proportion of sales coming to the group this way, compared to rivals such as Next.Arcadia Group took further measures and cancelled orders with suppliers and changed payment terms on items already delivered, extending payment terms by 30 days.Last week, Arcadia Group made 14,5000 of its 16,000 total workforce furloughed, under the government’s Coronavirus Job Retention Scheme. This was for all store staff with the majority of it’s HQ employees to follow this week. Its senior leadership team and board will take salary cuts of between 25 and 50 per cent, whilst group chief executive Ian Grabiner has elected to receive no salary or benefits until the pandemic ends. With regards to fixed-term employment contracts, employees were told they would end early.The pandemic has worsened Arcadia’s problems after several years of decline and a delayed entrance to the online retail market.Background to Arcadia’s CVA:Last year, after weeks of bargaining with landlords, the group moved to paying monthly rent rather than quarterly, with large rent reductions imposed at many trading locations.The Company Voluntary Arrangement (CVA) it was under also included break clauses that allowed either the company or its landlords to break leases at certain intervals.  The agreement covered for 20 Topshop and Topman stores where the company could trigger a break clause within six months of the CVA and a further 19 where leases could be broken after a year. The locations included Westfield Stratford and provincial towns such as Doncaster.

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Arcadia brand Outfit is to have its stores closed down by the end of the month

Hayford & Rhodes is sold to McQueens Flowers

in News Retail

KSA Group is pleased to announce that one of the oldest luxury florists in London, Hayford & Rhodes, has been sold to McQueens Flowers.Established in 1924 in London, Hayford & Rhodes began their story as William Hayford, a heritage luxury florist, whom were the first in the City to deliver flowers on a wide scale and became the florist of choice for high profile clients including Winston Churchill, The Mayor of London and The Queen Mother. Now they are an award-winning florist, delivering bespoke designs to diverse client groups, suiting all types of occasion. They live by and stand out from the competition by striving to achieve its mission to never replicate the same design twice.Unfortunately, the recent pandemic forced a temporary cessation of a large proportion of the business and resulted in the need for the company to be restructured. Wayne Harrison and Eric Walls of KSA Group were appointed as administrators on 27th August 2020 with the business being sold to McQueens Flowers Ltd, saving 8 jobs.McQueens Flowers Ltd have been in the florist industry since 1991, gaining a reputation for creating colourful, creative floral designs, perfectly matched to every occasion and setting. It has provided the flowers for the prestigious Vanity Fair Oscars After party for the last 25 years, among being involved in many other stunning high-profile events.  Not only does it have a flower shop offering same-day delivery in London, but it also has creative studios, workshops and flower schools in London, New York and Seoul and serves customers worldwide, including UAE, Hong Kong and Australia.

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Hayford & Rhodes is sold to McQueens Flowers

Personal Guarantee on Commercial Leases

in Directors Personal Guarantee – What Happens In Insolvency or Liquidation? Property and Real Estate Retail

Do I have to personally guarantee the lease for commercial property? When a limited liability company takes on a property the landlord will often ask for a third party to guarantee the obligations under the lease which, in the most part, is to pay the rent and service charge.  This is to reduce the risk to the landlord should the company become insolvent.  Most landlords will ask for this guarantee if the company is relatively new, with little trading history, or in a high risk industry.  Many restaurants and hospitality businesses are asked for these guarantees.  It is usually the directors of the company that are asked to personally guarantee the lease.  As a director this means that you are personally liable for the rent if the company can't pay and the landlord can pursue through the courts and could even make you bankrupt. If I can't pay the rent can the landlord make me personally liable under the lease? Simply, If you give a guarantee then yes.  Whether it is commercially sensible for the landlord to pursue you is a different matter.  If you have no assets or the amount is relatively small that you owe then it might not be worth the costs.  A landlord would need to issue a bankruptcy petition and in the end it might be better to concentrate on reletting the property with a tenant that can pay the rent.  Obviously the landlord is only likely to call on the personal guarantee once the company has vacated the property.One important thing to realise is that if more than one person has been named as a guarantor then these people are what is called jointly and severally liable.  What this means is that one person and/or all are liable.  So it might be practicable that the landlord goes after the richest guarantor rather than pursuing each one individually especially if the others guarantors have little money! Can I get out of the personal guarantee I have given to the landlord? If your business has had a strong trading history and paid rent on time over a number of years then at lease renewal it would be a good idea to try and negotiate that the new lease does not need a guarantor.  However, this will all be part of the negotiation and any landlord will be reluctant to give this additional security up.  It might be that you can negotiate limits to the guarantee, such as it can only be claimed on in the first 2 years of the lease (incidently most business failures happen in the first 2 years) or that the guarantee does not include the family home. How can I avoid the guarantee being called upon? If the company is in a strong financial position then the guarantee isn't a problem.  If the company starts showing warning signs of insolvency it is crucial that the directors act.  It is all too common that directors are over optimistic or blind to the signs.  This can seriously increase personal liability problems.So, the basic advice is GET ADVICE if you are worried your company could be getting into difficulty and you have a personally guaranteed the lease.

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Personal Guarantee on Commercial Leases

Harveys Furniture Goes Into Administration

in A guide for redundant employees in administration or insolvency situations News Retail

Harveys Furniture has gone into administration as it fails to find a buyer.240 jobs have been immediately lost whilst 1,300 others are at risk.  Harveys’ sister chain, Bensons for Beds was also put into administration, though it was bought out in a pre-pack administration by its private equity owner, Alteri Investors..Administrators from PwC are looking for a buyer, which includes the purchase of its 20 stores and three manufacturing sites.For now, its stores continue to trade but those in the industry believe a buyer is unlikely to be found.Zelf Hussain, joint administrator at PwC said: ‘’the group had been facing increasingly challenging trading conditions in recent months, in particular Harveys furniture business. This has resulted in cashflow pressures, exacerbated by the effects of coronavirus on the supply chain and customer sales. It has not been possible to secure further investment to continue to trade the group in its current form.”

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Harveys Furniture Goes Into Administration

Intu warns it could go bust unless it can raise additional finance

in News Retail

01 May 2020In attempt to fix its balance sheet, Intu, the struggling shopping centre has appointed David Hargrave as chief restructuring officer and non-executive director.Hargrave is experienced in the transaction businesses of the Big 4 accounting firms. He has worked in leading processes of change or business restructure. He was a partner at EY and PwC.Intu stated it received 40 per cent of its rent due for the first quarter of the year. Discussions are being held with tenants to collect the other 60 per cent; Advanced discussions being held with tenants to represent a further 28 per cent of the amount due. The property giant is in the process of confirming revised payment plans with its occupiers. Currently it is offering tenants monthly rents to the year end.Despite this, ''robust action'' is a threat for those ''large, well-capitalised'' brands that have not paid rent.27 March 2020Update; Intu have only managed to collect 30% of their rents this quarter day compared to 77% this time last year.  Surely they cannot survive in their current form.Intu, one of the largest shopping centre owners in the country, has warned that it is likely to go bust unless it can raise more finance.  This is not really that surprising as Intu, which owns Lakeside, Trafford Centre, and the Metro Centre was already in a difficult place due to falling rents in its shopping centres and the need to write down the value of its assets by £2bn . The company has a large debt of some £5bn that needs to be refinanced and recently announced losses of £2bn.  In January, the firm approached its shareholders to ask for more money amid the downturn in the retail sector.Last week Intu said it was at risk of breaching debt covenants after it was forced to abandon the fundraising attempt. It said "extreme market conditions" deterred investors from giving fresh cash. To try and offset this they have been trying to sell their shopping centres. But really, who will buy them now?Intu owns the following centres:Braehead, Glasgow Broadmarsh, Nottingham Chapelfield, Norwich Derby Eldon Square, Newcastle Lakeside, Essex Merry Hill, West Midlands Metrocentre, Gateshead Milton Keynes Potteries, Stoke-on-Trent Trafford Centre, Manchester Uxbridge Victoria Centre, Nottingham WatfordCentres run as joint ventures:Manchester, Arndale St David's, Cardiff The Mall, Cribbs CausewayIntu has been particularly badly hit by the high profile failures of the Debenhams, House of Fraser, BHS and New Look to name a few.The demise of the High Street, and now possibly the Shopping Mall, is a big worry for local councils and landlords that are losing out on rents and business rates.  The virus is likely to impact footfall across the whole country.  No doubt that there will be calls to tax the internet delivery giants as they are now disproportianally benefitting from the situation!

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Intu warns it could go bust unless it can raise additional finance