Property related insolvency
"The team was brilliant as usual. They are extremely talented, free-thinking and accurate."
Chambers UK, 2014
Our Property Litigation team is regularly called on to provide advice to and representation for landlords, tenants, and insolvency practitioners concerning a wide range of contentious property related insolvency issues.
How we can help you
For landlords, we can advise on how best to deal with an insolvent tenant. This may include:
- Taking action against former tenants and guarantors who may remain liable to pay the rent under the lease.
- Serving 'Section 6 notices' on solvent subtenants.
- Advising on the steps to be taken when a tenant's lease is disclaimed by a liquidator or trustee in bankruptcy, including making applications for vesting orders.
- Advising on and dealing with claims brought by a landlord in the liquidation of a company.
For tenants, we provide similar advice to deal with an insolvent landlord. This may include:
- Advising former tenants on the validity of 'Section 17 notices' served by a landlord whose direct tenant has become insolvent.
- Advise on the merits of serving a 'Section 19 request for an overriding lease'.
- Where the landlord is an intermediate tenant, advising on Section 6 notices served by the superior landlord and the merits of applying for a vesting order where the intermediate lease has been disclaimed.
We assist insolvency practitioners, including administrators of companies, in obtaining licences to assign or underlet for the benefit of the purchasers of a company in administration, as well as representing them in applications made by landlords seeking permission from the Court to either enforce the terms of or forfeit the lease.
- Providing advice to the receivers of the developer of a partially developed site as to the threatened disclaimer of the freehold interest following the dissolution of the developer, and as to how best to deal with a purchaser of several units resisting completion by reason of the developer's alleged breach of contract.
- Acting for the administrators of a tenant company in resisting an application to court by a landlord for permission to forfeit a lease of premises being used by the buyer of the company's business.