18 Mar 2010, Rachael Singh, AccountancyAge
http://www.accountancyage.com/aa/news/1808385/ips-weigh-regus-insolvency-threat
The relationship between insolvency practitioners (IP) and landlords could be put under even further strain following administration threats by one of the UK’s largest companies.
Landlords claim that office provider Regus has threatened to place its smaller sites into an insolvency process if they did not renegotiate property contracts.
Liz Peace, chief executive of the British Property Federation, said that the Regus ploy was “cynical” and called for insolvency rules to be tightened to stop similar situations happening in the future.
The insolvency profession is concerned the conflict could hamper their dealings with landlords in future situations.
There is already a strain in the relationship, as landlords feel they lose out in some administrations, say advisers. “The last thing IPs want is to sit down with landlords in a case and for them to say ‘hang on, you did this in another case’,” said Garry Brett, insolvency expert and partner in real estate at law firm Stevens & Bolton.
Chris Laughton, partner and IP at Mercer & Hole, believes landlords should use an insolvency expert to help determine whether insolvency processes have been used fairly.
Regus, which posted profits of £2m in the last year, told Accountancy Age it had sought to “re-gear” its landlord liabilities by requesting renegotiations of its rental fees on a small number of loss-making properties.
In our view
The move could have ripple affects on future administrations. IPs are widely seen as playing it tough when it comes to negotiating contacts. However they should be seen as the helping hand in a difficult situation, and someone to be welcomed – not the strong arm of the law with which companies can make their threats with.
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