Insolvency of a landowner, landlord, tenant or occupier can have a significant impact on the owner or occupier of property.

Insolvency of a party can be a lengthy process and complex issues of recovering possession of a property, enforcing breaches of covenant and enforcing contracts can arise.

At Land Law, we seek to guide our clients through the impact of a party’s insolvency advising on the rights and remedies available to achieve the client’s objectives having regard to the short and long term requirements of the client.

We advise on insolvency cases with property law issues; including:

  • advice on company voluntary arrangements and the impact on landlords or tenants,
  • remedies available to a landlord where a tenant enters insolvency;
  • remedies available to a tenant where a landlord enters insolvency;
  • claims for the payment of rent as an expense in administrations or liquidations;
  • applications for permission to forfeit while a tenant is in administration, either by application to the administrators or the court
  • advising on the implications of pre pack administrations and what rights are affected and remedies are available
  • the ability to utilise rent deposits where a party is insolvent;
  • the impact of insolvency in conditional contracts;
  • whether there are other parties who can be pursued; guarantors, former tenants or sub tenants
  • options available where insolvency is imminent
  • advice on the rights of liquidators and administrators to utilise property
  • the rights and obligations of LPA receivers, administrators and liquidators in relation to property interests

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