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Rent predicament

24 August 2006
Issue: 4072 / Categories: Forum & Feedback

Our clients own freehold properties that are let at a commercial rate to a trading company of which they are directors and the only shareholders.
During 2003, the company was experiencing cashflow difficulties and needed to renegotiate facilities with its bank. To ease cashflows and to demonstrate a better net trading position to the bank, the directors/shareholders decided to temporarily reduce rents being charged to the company (which is permissible under the terms of the leases provided both sides agree). However, no formal agreement was produced to ratify the rent change.

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