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Is Your Retail Business Is Struggling A CVA Could Save It

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

In the last couple of years, many high street names have failed as sales have not recovered post-pandemic. It seems that when times get tough, undercapitalized companies suffer most. Having to meet bank covenants, pay business rates, and make rent payments on loss-making stores is an impossible juggling act to achieve. The Solution: Restructuring with a CVA Without resorting to shareholders for capital or new debt facilities, many retailers are entering protective insolvency or trying to restructure to survive. This is where a Company Voluntary Arrangement (CVA) can be an incredibly powerful tool. A CVA allows a retail group to restructure and cut loss-making activity.A CVA can help you:Remove Lease Obligations Negotiate with Landlords Restructure Your CompanyWe can assist with exiting non-performing properties and shopping centers, which stops rent payments and prevents landlords from taking recovery action.Our Approach to Restructuring Your Business At RMT KSA, we help our clients with deal structure, turnaround management, and building proposals and financial forecasts. We help drive the deal with creditors and assist the board through the crisis. Our approach is cost-effective and powerful with minimal cashflow consequences.Our Experience: Retailer CVA Case Studies We have helped many retailers restructure using a CVA, and our clients can vouch for our work.  “Keith – what you achieved for our company was excellent. Without your help in reorganizing the company’s store mix and debt, I know that we would have gone into liquidation.”— A mid-sized fashion chain managing directorNext Steps: Talk to Our Experts If you are a retailer with serious financial problems, talk to us now about how we can help. Our experts can advise on how to restructure and cut loss-making activity.Call Iain Campbell or Keith Steven for more details: 0800 9700539

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Is Your Retail Business Is Struggling A CVA Could Save It

The Rise and Fall of Debenhams: A Timeline of Its Final Days

in News Retail

The collapse of Debenhams, a 242-year-old high-street institution, was a seismic event in the UK retail sector. After a decade of financial struggles, the department store chain's administration and subsequent liquidation marked the end of an era. Here is a timeline of key events, from its final attempts at survival to its brand's ultimate online-only revival by Boohoo.   1. The Onset of Trouble: The Search for a Buyer (August - September 2020)   As the UK grappled with the COVID-19 pandemic, Debenhams' owners, who had already put the company into administration, appointed investment bank Lazard to oversee a sale process. The struggling retailer set a bid deadline for September, hoping to secure a buyer and a future for its 124 remaining stores and thousands of employees. Amid this search, a surprising contender emerged: Mukesh Ambani, India's richest man. However, his interest in acquiring the business was short-lived, and he withdrew his bid in October.   2. Failed Rescue Attempts and the Final Stand (October - December 2020)   In a last-ditch effort, Mike Ashley's Frasers Group re-entered the bidding, but their offer was not enough. The final blow came on December 1st, when talks with sportswear giant JD Sports collapsed. The failure of this deal, which was reportedly "spooked" by the collapse of its biggest concession holder, Arcadia Group, sealed the fate of the department store chain. With no buyer in sight, Debenhams confirmed it would begin winding down its operations, putting around 12,000 jobs at risk.   3. The Digital Afterlife: Boohoo Takes Over (January - May 2021)   In a turn of events that signaled the end of its physical presence on the high street, online retailer Boohoo purchased the Debenhams brand for £55 million in January 2021. The deal, which included the brand name and customer lists but not the physical stores, confirmed that Debenhams would be relaunched as an online-only business. The decision to buy Debenhams' online assets for a fraction of its former value showed a new business model for traditional brands. The administrators confirmed that the remaining 118 stores would reopen briefly after lockdown restrictions eased for one final "fire sale" to clear stock. The closures were staggered, with all physical stores shutting their doors for good by mid-May 2021.   Lessons from the Debenhams Collapse   The fall of Debenhams was a clear example of a retail giant unable to adapt to changing consumer habits, which were accelerated by the pandemic. The brand's shift to an online-only model under Boohoo highlights a new reality for retail: legacy brands can still hold value, but their survival depends on embracing a capital-light, digital-first strategy. For other businesses, the story of Debenhams underscores the importance of a clear long-term strategy and the ability to pivot in the face of market disruption.

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The Rise and Fall of Debenhams: A Timeline of Its Final Days

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

Select Fashion Goes Bust But Shops Sold

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

Fashion retailer, Select has finally disappeared from the High StreetBack in 2018 the CVA saved 2000 jobs and resulted in rent cuts of up to 75 per cent and another one was proposed in 2019 but overturned.  Since then the company has been slowly cutting stores back.​It is understood that insolvency firm Moorfields has been appointed liquidator following a creditors meeting last Friday.The group had already shut 35 shops in mid-March having quietly trimmed down its estate since the start of the year.The retailer is left with 48 shops and they have been sold to Essence Fashion Limited.​  These are expected to stay open but any people made redundant following the liquidation have been told to make a claim via the redundancy payments office.If you are an employee of the business then you can claim redundancy through the government.  Please see this page on help for employeesThe company has reassured that those remaining employees will get their pay from last month but there may be some delay.  This is according to reports that have seen a letter from the company.  Once the company is in liquidation then it is controlled by the liquidator.In essence this is what is called a pre pack liquidation and is quite rare.  They may have chosen to do this outside administration to keep costs down.The company reported a pre-tax loss of £1.1 million for the year to the end of February 2023, according to its most recently-filed accounts. 

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Select Fashion Goes Bust But Shops Sold

Can I Get Out Of A 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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Can I Get Out Of A 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
closing shop

Retailers increasingly turn to CVAs to restructure their businesses

in News Research and Statistics Retail What is a CVA (Company Voluntary Arrangement)?

UK High Street flagging as retailers increasingly turn to CVAs Figures from the British Retail Consortium (BRC) show that the UK high street and retail performance is facing difficulty. In 2016/2017 we saw a sharp decline in performance and it has been stressed that this has continued.This has been borne out in the high number of companies entering administration or seeking company voluntary arrangements (CVAs) within the last 12 months.Here, we'll take a closer look at UK high street performance and the factors causing it to suffer. Firstly, What has happened to high street performance in the UK? These are the key statistics from the latest BRC research:Overall year-on-year (YOY) retail sales fell 2.7% in May 2019 (the biggest decline on record!) Food sales dropped for the first time since June 2016, with further declines in clothing, outdoor goods and footwear 1,566 stores have had to reduce rent amounts Retail & Leisure Parks account for a third of all closures in the UK as a result of a CVA, administration or liquidation Nottingham city centre has experienced the most closures through either a CVA, administration or liquidation Birmingham holds the most closures of all UK Urban Areas. They've had 26 rent reductions and 23 closures since January 2018 Of all the Counties, Greater London saw the greatest damage, by far Footfall was down 1.4% on average over the 12 months to March 2018 As in 2016/2017 figures, the South East saw the most rapid fall in footfall There has been 140 closures and only 6 rescues of retail/leisure operators, since January 2018 To date, May 2019, 24 companies have failed, 743 stores have been affected and 31,250 employees have been impacted.How has this affected specific businesses? Several UK high street retailers have hit the headlines after being forced to take action due to falling footfall, including:Select: Closure of 14 stores, despite 50 being earmarked. Additionally, they have requested for a rent reduction L K Bennett: A notice of intention for Administration was filed, leaving 41 UK stores at risk as well as 480 UK staff affected Poundworld: Saw the closure of almost 200 stores, as they faced liquidation Mothercare: 60 store closures with 77 stores having their rent reduced by 17% Toys R Us: Entered administration after failing to find a buyer, having implemented a CVA New Look: Closed 60 stores and cut 980 jobs after agreeing to a CVA Homebase: A CVA vote, left 45 stores to cease trading with 1500 jobs at riskDespite this, six retailers have been saved. See the cases of House of Fraser, Arcadia, Office Outlet, Patisserie Valerie, HMV and Evans Cycles. What's caused this decline in high street performance? Economic and political uncertainty, falling consumer confidence, changing consumer habits and rising inflation have all contributed to the long-term decline of the UK high street.However, the most pressing factors impacting the retail sector in May 2019 were:1. Low Growth OnlineKPMG's UK retail partner, Paul Martin, stressed: “The extremely low growth online is real cause for concern, especially with almost a third of all non-food sales today being made online. This trend has continued to manifest itself over the last year and requires real focus from the retail community.”2. Business ratesIncreased business rates are potentially the biggest single contributing factor when it comes to UK high street performance.Gary Grant, founder of high street toy retailer, The Entertainer commented: "Landlords are being very realistic about their rent, but the one thing that is not negotiable are business rates."[The retail sector] is seeing many stores empty for long periods of time and the biggest issue is that [retailers] can’t open stores.''“Business rates are out of line now with retail turnover. Business rates are the real killer. Any increase in cost where you have flat and declining turnover is going to put pressure on the bottom line.''“The Government just haven’t got it. They need to take some responsibility for the high street’s decline.”Likewise, Helen Dickinson, OBE, BRC's Chief Executive, states how such rates prevent retailers from ''investing in their physical space. We have a broken tax system, which sees retailers paying vast sums of money regardless of whether they make a penny at the till, and yet the Government is failing to act.''With the UK high street continuing to suffer, it pays to know your options as a company boss. Taking difficult yet decisive decisions at the right times will put you in the best possible position to keep your company trading successfully.If you are worried about declining UK high street performance and the prospect of a CVA, contact the experts at Company Rescue today. Take a look at our site for many useful pages of advice.

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Retailers increasingly turn to CVAs to restructure their businesses

Coast Collapse into Administration

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

Coast becomes the latest fashion chain to collapse into administration.Last month, Aurora, Coasts parent company, was searching for a buyer, after the business was hit hard from House of Fraser’s recent difficulties.On Thursday evening, staff were told that all of Coast’s 24 standalone stores will close, with 300 jobs at risk.PwC have been appointed as administrators.Upmarket womenswear rival, Karen Millen have brought Coast’s brand, website and concessions, as well as taking on 600 staff. They’re said to be working with the existing management team to continue to grow and develop the new business.  Though this sale gives a firmer financial footing for Coast, not everything was included in the transaction, leaving 24 retail stores behind.PwC director and joint administrator, Mike Denny, states ‘’The businesses had been facing financial difficulties due to structural changes in the retail space and specifically the concession partner market, as well as a softening of demand for occasion wear.’’Coast operate a number of concessions in House of Fraser stores and so faced a multi-million-pound bill following the department stores £90m pre-pack administration sale. They were not the only fashion brand to have taken a hit, with Ted Baker, Mulberry and Quiz also being affected.

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Coast Collapse into Administration