Property insolvency

Property insolvency

This Overview points out the key areas for property disputes lawyers dealing with property insolvency, and indicates where to find information. For a general introduction to property insolvency, see Practice Note: Quick guide to property insolvency.

Property insolvency generally

Insolvency of the tenant

The landlord will be concerned to keep the premises safe and secure, and to review its options for recovering arrears, obtaining possession, and enforcing compliance with covenants in the future. Depending on the insolvency process, there may be important restrictions on the action that landlords can take.

For a summary of the restrictions that apply in insolvency, see Practice Note: Quick guide to property insolvency—Insolvency of a tenant, and for further guidance see Practice Note: Landlord steps to take if tenant becomes insolvent—checklist.

Insolvency of the landlord

Insolvency of the landlord is likely to create a number of concerns for a tenant. These may include where to pay rent, whether any rent deposit is safe, whether the landlord will comply with its obligations in the lease, how to deal with lease renewals or rent reviews, and the effect of disclaimer of the superior

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