header-logo header-logo

17 March 2011 / Siobhan Jones
Issue: 7457 / Categories: Features , Landlord&tenant , Property
printer mail-detail

Reversal of fortune

Siobhan Jones outlines the perils of landlord insolvency for tenants

There are indications that the number of landlord insolvencies may increase as the recession evolves and lenders resolve to take action. While landlords are now fairly well versed in the options available to them when a tenant is in default, tenants would be well advised to understand how an insolvent landlord may diminish the value and viability of their own interest in the lease.

Initial considerations

A tenant will need to assess how the landlord’s insolvency will impact on its rights, liabilities and occupation under the lease. The following matters should be considered at the outset:

Payment of rent

Rent will continue to fall due under the lease regardless of the status of the landlord. The tenant will however need to ascertain to whom the rent should be paid. Where the landlord has entered one of the insolvency regimes, rent will be payable either to the liquidator, the administrator or the company voluntary arrangement (CVA) supervisor (depending on the terms of the CVA).

Where

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
back-to-top-scroll