Legal challenges could be launched in the final days of the St Giles Centre by retailers challenging the early termination of their lease.
Firms were given less than two weeks notice that the shopping centre was shutting after the owners ran out of cash amidst crippling debts.
Just days remain now, with the building due to be shut for the final time at 5pm on Monday next week.
Some businesses have described the timeframe allowed to remove all stock, equipment and fittings as impossible.
It is understood about 100 jobs are on the line as local independent retailers and national chains scramble to find alternative homes.
Meanwhile, some businesses are considering legal action regarding the early eviction from their property.
Ramsdens calls for new St Giles Centre landlord
Pawnbrokers Ramsdens has told the Press and Journal it is committed to extending its 10-year stay in Elgin beyond when the St Giles Centre closes.
However, the firm has called into question the way the closure of the shopping centre has been handled.
The retailer’s chief executive Peter Kenyon believes an administration or liquidation process should have been triggered to allow for a new landlord to be found.
He said: “The landlord’s intention to close the centre puts it in clear breach of our lease contract, and Ramsdens is assessing the legal options available to pursue this.
“The landlord’s motives behind its decision are not clear.
“In the case of financial difficulty an insolvency process may allow for a change of landlord, saving the centre and maintaining its role as a central hub of the town.
“It is our hope that the landlord and council can act in the best interests of the town’s residents and local economy to reach a solution.
“We remain committed to operating in Elgin and in order to protect our staff and customers, will be exploring options including a potential relocation should our store in St Giles Centre be forced to close.”
Retailers consider legal position at St Giles Centre
The Press and Journal understands other firms within the St Giles Centre have also consulted solicitors about their legal position.
This week national retailers WH Smith and Argos confirmed they were joining The Works in closing their Elgin branches.
Several other firms have told the Press and Journal they are still considering their position.
However, some, including Vodafone and Waterstones, have joined Ramsdens in saying they want to remain in Elgin.
Meanwhile, locally-owned businesses including Box Brand and Fab Brows Bar have secured alternative premises.
However, others, including Asher’s Subway and Moray School Bank, continue to assess their options.
Elgin bus station uncertainty continues
Doubts are also continuing about the future of Elgin bus station beyond the closure of the St Giles Centre.
The Press and Journal understands that one option remaining under consideration is that services will continue to operate from the stances beyond January 20.
However, it is understood there could be logistical issues with electricity supplies and fire alarms within the bus station remaining connected to the main shopping centre building.
Moray Council currently leases the bus station space from the St Giles Centre, which is then in turn leased to Stagecoach.
It is understood that legal advice provided to the council suggests that the letter informing them the shopping centre is closing may not constitute formal notification to end a lease.
No decision has been made yet about whether the bus station will be relocated next week or whether it will continue to operate from the St Giles Centre.
A Moray Council spokeswoman said: “We’re continuing to work with Stagecoach on contingency arrangements for the bus station.”
Read more from the St Giles Centre
- St Giles Centre closure: Which retailers want to stay in Elgin and which could be leaving?
- ‘Help us save St Giles Centre businesses’: Urgent call issued for Elgin landlords with vacant units to provide new homes for retailers
- No shops, more than two years late and a bankrupt developer: The saga of how the St Giles Centre in Elgin finally opened
Conversation