Covid closures

from Platinum Business Magazine - issue 91

The consumer power shift

By Paul Rooke, Solicitor Mayo Wynne Baxter

In the recent case of London Trocadero (2015) LLP v Picturehouse Cinemas Ltd it was held that the landlord was entitled to judgment for rent and service charges despite the fact that the premises could not be used due to the restrictions imposed because of the pandemic.

The tenant had agreed to keep the premises open for trading during certain minimum trading hours and had covenanted to comply with legislation. In March 2020 the tenant was forced to close due to the restrictions imposed during the pandemic and no rent was paid from June 2020. The landlord gave no warranty that the premises could be used for the use as set out in the lease and brought proceedings for recovery of the unpaid rent and service charges.

❛❛ The Government has proposed legislation for mandatory arbitration for rent arrears incurred during the pandemic. Once introduced it is intended that rent arrears incurred during the pandemic will be ringfenced ❜❜

The tenant sought to argue that terms should be implied into the lease that would result in suspension of payment of rent and service charges when use of the premises was illegal. In addition, the tenant argued that the premises were to be used as a cinema and so no payments were due for periods when it was not possible to use the premises as a cinema.

The court rejected both arguments put forward by the tenant. It was held that the tenant’s expectation to use the premises as a cinema was not sufficient to enable a tenant to not pay rent. Furthermore, the tenant’s attempt to imply terms into the lease did not meet the business efficiency test or the obviousness test. The risk lay with the tenant who could have taken out business interruption insurance.

The decision is important for landlords who are owed rent arrears. It shows that a landlord is still able to take action against a tenant for non-payment of rent or other monies due under the lease even where the tenant was unable to trade due to restrictions imposed during the pandemic.

The Government has proposed legislation for mandatory arbitration for rent arrears incurred during the pandemic. Once introduced it is intended that rent arrears incurred during the pandemic will be ringfenced. Landlords and tenants will be required to come to an agreement. If, however, an agreement cannot be reached a binding arbitration process will be put in place to come to a binding agreement which both parties must adhere to. Until such a time as the legislation is introduced a landlord can continue to chase for rent owed but not paid.

Paul Rooke Associate Solicitor Direct Dial: 01273 223221 E: prooke@mayowynnebaxter.co.uk

Yaron engler case study

How does a professional percussionist become a men’s coach?

Yaron Engler did just that, when he started his coaching business with a focus on helping men thrive in leadership roles. His inspiration stemmed from an observation that men today are under considerable pressure to be leaders, fathers and partners. He finds that men often feel lost, frustrated and angry as a result, but are unable to find viable avenues to address these issues. Seeing how existing options such as therapy are not what these men truly need or want, Yaron set out to offer a unique set up of coaching that helps men let go of the things that hold them back and move forward and live the lives they want. Yaron, previously a worldtouring drummer, offers 1-to-1 coaching and his ‘AND THEN WHAT?’ group programme with men. These coaching programmes focus on holistic personal growth, rather than purely aspirational goals.

At the heart of his coaching is the signature CROP® method. Yaron calls his method “CROP” because of the word’s double meaning – the notion of growing and nurturing crop, and that of ‘cropping out’ things in life that no longer serve us. CROP is a simple 4-step framework that involves cleansing and clearing unnecessary baggage, reconnecting with one’s true self, observing one’s actions, and consciously living a life one chooses. Yaron emphasises that CROP® is really a cycle of deep growth, with participants going through the steps multiple times, as and when they face new challenges.

Yaron’s story as a men’s coach started in 2015, where he participated in a ‘men’s group’, in which men spent time in groups to sort out various challenges they were facing. What particularly impacted him was how group meetings promoted men as positive role models and leaders in a grounded way. Indeed, Yaron credits this work with saving his marriage. Observing how necessary but rare such coaching was in today’s world, he decided to offer a coaching service of his own. Today, Yaron is driven by the

authentic growth he sees his clients achieve, in both personal and business life. Recalling some anecdotes with clients, Yaron mentions how a client, previously a workaholic, was able to change his job, enter a new relationship and create more time for himself after attending the programme.

As it turns out, however, it is not just men that Yaron is helping. What inspires him the most is the messages of thanks he receives from wives and girlfriends of his clients - affirmation that what he is doing has improved his clients’ relationships with their loved ones. Indeed, Yaron likens this to a ‘ripple effect’, where the impact of his coaching is felt by the people who surround his clients at home and in business.

Reflecting on what he would have done differently, Yaron mentions that he wishes he had studied business earlier.

On the other hand, he also tells us that his international experience as a musician has equipped him with skills in managing large projects and navigating different cultures, both of which have proven immensely helpful to what he does today.

As his business evolves and grows, Yaron has faced several challenges. Chief among them is marketing and brand messaging. Associating too closely with therapy and mental health support, for instance, could turn men away, due to the stigma associated with seeking help. At the same time, promoting the programme as selfdevelopment risks focusing too much on out-and-out aspiration, alienating the desired target audience: men who have decided that there is more to life than being busy and achieving concrete goals. Nevertheless, Yaron remains confident that the value in his work will speak for itself, and that there is growing acceptance in this postpandemic world for work such as his.

Today, Yaron’s coaching programme has touched the lives of many loyal members, boasting a 75% retention rate. Moving forward, Yaron hopes to grow the programme organically, reach 800 men on the programme by 2028, and bring more men on board to deliver the work. Separately, after seeing how his work has helped men in leadership positions, Yaron hopes to widen this impact by extending his coaching to boys, and perhaps people in prisons, in the future.