Viewpoint: Retailers should seek flexibility as quarter day approaches

A TOUGH year for retailers will not be made any easier by the approach of the next quarter day, which will trigger advance payment of three months’ rent.

The deadline is often accompanied by predictions about the next high street chain to follow the likes of Habitat, Oddbins and Jane Norman into literally shutting up shop.

A number of high-profile stores – including Whittard of Chelsea, clothes shop, The Officers Club, and record retailer Zavvi have gone into administration shortly after a quarter day, which falls in late March, June, September and December.

They had all struggled to meet their rental obligations.

Large or small, many retailers will certainly be concerned to make sure they have enough cash in the business to meet the payment.

The next payments are due on September 29.

Over the past few years, we have seen property costs rise much faster than inflation.

Margins are generally under threat as rents, rates, service charges and utility costs continue to rise.

With customers reluctant to spend unless they have to and sales down on a year ago, big bills for the next three months' rent can certainly add to the pressures many retailers are facing.

Of course, boarded-up shops are in no-one’s interests.

That’s why, for years, retail industry groups have called for rents to be payable on a monthly basis, which would put less pressure on cash flow for tenants.

This approach is entirely sensible and we would encourage our tenant clients to pursue monthly terms in negotiations.

Some of our leasing practices in England and Wales are as much as 600 years old, so you could be forgiven for using the word “archaic”.

On the other hand, for landlords, having three months’ rent in advance provides protection against financially unsound tenants.

An alternative would be a rent deposit or rent guarantees, but these create problems and paperwork of their own.

I can also think some landlords who could fairly say they have been very flexible during the recession and saved some retailers from insolvency as a result.

Many tenants have already approached landlords to seek to vary the basis of the payment of rent by varying the payment terms of the lease.

There’s no guarantee that a landlord will listen, but the view that, if “don’t ask, don’t get” applies, then property owners will often recognise the impact of the recession.

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