header-logo header-logo

Reversal of fortune

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

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll