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    Insolvency and deposits: get your priorities right
    2014-01-17

    Landlords often ask for a rent deposit when they grant a new lease, or consent to an assignment, especially if the incoming tenant is of shaky covenant strength. This provides security against possible future default.

    If a tenant becomes insolvent then this is exactly the sort of situation where a landlord would want to make use of a deposit. Where it is in the “commingling” form (i.e. paid to the landlord so that it becomes a debt in favour of the tenant) then that is unproblematic: no restrictions are imposed by the moratorium which arises on the tenant’s insolvency.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Hogan Lovells, Landlord, Leasehold estate
    Authors:
    Mathew Ditchburn
    Location:
    United Kingdom
    Firm:
    Hogan Lovells
    Don’t forget the guarantor!
    2014-02-03

    In the recent decision of Topland Portfolio No.1 Limited v Smiths News Trading Limited [2014] EWCA Civ 18, the Court of Appeal has given a timely reminder of the need for landlords to tread carefully when dealing with leases to ensure that a tenant guarantee remains effective.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Squire Patton Boggs, Surety
    Authors:
    Patrick Walker , David Holland , Sally Lodge , Anna Beaumont
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Recovery of rent arrears: the end of distress
    2013-11-22

    The impending abolishment of the ancient common law self-help remedy of distress will affect landlords, tenants and insolvency practitioners.

    What is Distress?

    The ability of landlords to recover arrears of rent without going to Court, by instructing bailiffs to seize, impound and sell certain goods located at the premises and belonging to the tenant. This right will remain until 6 April 2014, but after that date distress will no longer be available and commercial landlords will instead have to rely on Commercial Rent Arrears Recovery (“CRAR”).

    Filed under:
    United Kingdom, Insolvency & Restructuring, Real Estate, BDB Pitmans LLP, Landlord, Leasehold estate
    Authors:
    David Williams
    Location:
    United Kingdom
    Firm:
    BDB Pitmans LLP
    Unpaid rent: what are your options?
    2013-10-21

    For landlords of commercial premises, one of their main concerns is making sure that the tenant pays all sums due under the lease. Unfortunately this doesn’t always happen so what are the options for recovering unpaid rent? This note summarises the different methods of enforcing payment of rent and looks at the advantages and disadvantages of each.

    Considerations before you take action

    Before commencing any enforcement action to recover rent arrears you should think about the following points:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Real Estate, BrookStreet des Roches LLP, Landlord, Leasehold estate
    Authors:
    Katy Kirk , Simeon Fenn
    Location:
    United Kingdom
    Firm:
    BrookStreet des Roches LLP
    Be afraid...be very afraid
    2013-10-22

    Several blogs ago, I asked whether a party could still argue that the Notified Sum (as defined in the Housing Grants Construction Regeneration Act 1996, as amended by the Local Democracy, Economic Development and Construction Act 2009 - the Act) was not payable even in the absence of a Pay Less Notice.  To continue the theme of Pay Less Notices and their absence, what about the interplay between construction law and insolvency law - in the absence of a Pay Less Notice, and faced with a petition to the court to wind them up, could a party defend itself by saying that the so-called 'debt

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Mills & Reeve LLP
    Authors:
    Martino Giaquinto
    Location:
    United Kingdom
    Firm:
    Mills & Reeve LLP
    British Property Federation advice to landlords facing the risk of insolvent tenants
    2013-10-25

    According to The Times (25 October 2013) the British Property Federation has advised landlords to take larger rent deposits to reduce losses caused by the insolvency of a tenant.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, BDB Pitmans LLP, Landlord
    Authors:
    Denise Fawcett
    Location:
    United Kingdom
    Firm:
    BDB Pitmans LLP
    A cautionary tale on the pitfalls of challenging LPA receivers
    2013-07-01

    Last month the Chancery Division of the High Court in Manchester considered a challenge to the continuing ap-pointment of LPA receivers in the case of (1) Jumani (2)Tariq v (1) Mortgage Express (2) Walker Singleton ([2013] EWHC 1571 (Ch)).

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Real Estate, Deka Chambers, Debtor, Mortgage loan, High Court of Justice (England & Wales)
    Location:
    United Kingdom
    Firm:
    Deka Chambers
    Game on: landlords bound for the Court of Appeal over administration rents
    2013-07-01

    The UK High Court today took a crucial step towards resolving the difficult issue of when administrators must pay rent.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Hogan Lovells, Landlord
    Authors:
    Mathew Ditchburn , Daniel Norris
    Location:
    United Kingdom
    Firm:
    Hogan Lovells
    HMV's administration
    2013-01-15

    This morning we got the news that HMV had gone into administration and last week it was Jessop that went under. HMV’s administrators are still trading from the stores but the administrators of Jessops have ceased trading. Can their landlords expect their rent?

    Filed under:
    United Kingdom, Insolvency & Restructuring, Real Estate, Reed Smith LLP, Landlord
    Authors:
    Siobhan Hayes , Katherine A. Campbell
    Location:
    United Kingdom
    Firm:
    Reed Smith LLP
    Tenants in administration – what landlords need to know
    2013-01-29

    Although only a few weeks old, 2013 has already seen HMV, Jessops and Blockbuster enter administration, joining last year's failures, which included Comet, Clinton Cards and Peacocks.  Given the number of premises these companies occupy across the UK, landlords of retail premises will inevitably be affected.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Herbert Smith Freehills LLP, Landlord, Leasehold estate
    Authors:
    Matthew Bonye , Gawain Moore , Oliver Boehner
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP

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