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    EMI case settles out of court the decision that a tenant cannot assign its lease to its guarantor still stands
    2017-06-02

    In 2016 the High Court considered the validity of an assignment of a lease by a tenant to its guarantor. The antiavoidance provisions in section 25 of the Landlord and Tenant (Covenants) Act 1995 ("1995 Act") strictly limit the freedom of contract of parties to leases governed by that Act, broadly, those granted after 1995. Agreements which frustrate those provisions are void even if they are commercially justifiable.

    BRIEF FACTS AND DECISION

    EMI Group Limited v O&H Q1 Limited [2016] EWHC 529 (Ch)

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Public, Real Estate, DLA Piper, Landlord, Leasehold estate, Covenant (law), Liquidation, EMI, Court of Appeal of England & Wales, High Court of Justice
    Location:
    United Kingdom
    Firm:
    DLA Piper
    Surviving the big freeze - Hong Kong retailers, 6 approaches to lowering the cost of rent
    2017-05-22

    Hong Kong’s notoriously landlord-friendly leases make it hard to renegotiate terms during an economic downturn, tying many tenants into leases well above market values. The territory’s high rents, added to 24 months of declining retail sales, have left retailers in Hong Kong feeling the chill. Many tenants may wish to look beyond their contractual rights and obligations to find a commercial solution. In such difficult circumstances, there are six options retailers could consider.

    1. Rent restructure

    Filed under:
    Hong Kong, Insolvency & Restructuring, Real Estate, DLA Piper, Bankruptcy, Landlord, Leasehold estate
    Location:
    Hong Kong
    Firm:
    DLA Piper
    NPL - Verso un mercato più trasparente grazie all’introduzione del Registro Elettronico delle Procedure
    2017-04-20

    I cd. NPL (non performing loans, letteralmente mutui non performanti) sono, sostanzialmente, crediti per i quali la riscossione è incerta, sia dal punto di vista del rispetto della scadenza originaria che per quanto riguarda l’ammontare del possibile recupero; essi sono anche detti, nel linguaggio bancario, crediti deteriorati.

    Filed under:
    Italy, Banking, Insolvency & Restructuring, Real Estate, DLA Piper
    Location:
    Italy
    Firm:
    DLA Piper
    Retail 2017 - a challenging road ahead?
    2017-01-12

    The British Retail Consortium (BRC) recently reported strong trading for the UK high street in the weeks leading up to Christmas 2016. In a fillip for a sector beset by problems, the slow start to the Christmas trading period was reversed as spending in the sector in December grew 1.7% on the same period last year.

    Filed under:
    European Union, United Kingdom, Company & Commercial, Employment & Labor, Insolvency & Restructuring, Real Estate, DLA Piper, Leasehold estate
    Authors:
    Robert Russell
    Location:
    European Union, United Kingdom
    Firm:
    DLA Piper
    Tenant insolvency - how landlords should approach a CVA
    2016-09-23

    Political and economic uncertainty in the aftermath of the referendum result in the UK has dampened sentiment on the high street and hit consumer confidence.

    According to the National Institute of Economic and Research, there is an "even" chance of Britain falling into recession by the end of next year and the Bank of England has significantly reduced its growth forecast for 2017.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Real Estate, DLA Piper
    Authors:
    Rowan Aspinwall , Tim Dawson
    Location:
    United Kingdom
    Firm:
    DLA Piper
    Kaisa - a case study of real estate restructuring in the PRC
    2015-07-01

    Moody's announced in October 2014 that the detainment of Agile Property Holdings' chairman, Chen Zhoulin by government authorities was credit negative, in Moody's view, "similar incidents would adversely affect developers' borrowing costs and/or their access to offshore funding". The events that have unfolded since show that Moody's were right on the money.

    Introduction

    Filed under:
    China, Insolvency & Restructuring, Private Client & Offshore Services, Real Estate, DLA Piper
    Authors:
    Jonathan Leitch
    Location:
    China
    Firm:
    DLA Piper
    Rent deferrals in bankruptcy during the COVID-19 pandemic
    2021-05-24

    The COVID-19 pandemic created unprecedented disruptions across the global economy, perhaps most severely in the retail sector. Shelter-in-place orders, government-mandated closures and other restrictions drastically reduced or entirely wiped out revenue streams, resulting in an increased number of bankruptcy filings by retail debtors.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, DLA Piper, Force majeure, Coronavirus
    Location:
    USA
    Firm:
    DLA Piper
    Restructuring and real estate developers in the PRC
    2015-06-25

    Gaining access to development land in the PRC has often been linked to government connections and dubious business practices. However, a number of investigations into the allegedly corrupt activities of high-level real estate executives in China have recently taken place.

    Filed under:
    China, Insolvency & Restructuring, Private Client & Offshore Services, Real Estate, DLA Piper
    Authors:
    Jonathan Leitch
    Location:
    China
    Firm:
    DLA Piper
    Landlord’s hypothec
    2020-11-03

    Scottish landlords enjoy a preferential right of security known as “landlord’s hypothec” in respect of any unpaid rent arrears due in the event that their tenants enters administration or liquidation. The landlord's right of hypothec is unique to Scots Law and is not available to landlords in respect of properties south of the border. For reasons we will go on to discuss, the current legal framework on landlord’s hypothec is not particularly well developed and is widely criticised as being unsatisfactory.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, DLA Piper
    Authors:
    Sarah Letson
    Location:
    United Kingdom
    Firm:
    DLA Piper
    The game changer – High Court judgment on rent payments upon administration
    2014-07-02

    Overturning two significant recent decisions, the Court of Appeal has held that whenever a rent payment day falls, from the moment a company in administration beneficially retains property, it will ordinarily be liable to pay rent as an expense for the period of that beneficial retention.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, DLA Piper
    Authors:
    Michael Fiddy
    Location:
    United Kingdom
    Firm:
    DLA Piper

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