The current economic uncertainty and the downturn in the retail high street means that tenant insolvency remains a very real concern for landlords in today’s commercial property market. It may well have a very substantial impact on a landlord’s ability to recover rents and rates, to bring the lease to an end and even to recover arrears from sureties or former tenants.
This first of two sessions on insolvency & leases will examine the restrictions imposed on the landlord’s remedies where the tenant enters into administration, and the practical steps to be taken, focussing in particular on:
The problem of ‘pre-pack’ administration – and what to do about 3rd parties in occupation
Recovering on-going rent - the position post Game Group & can the deposit be used?
The impact of the moratorium on the landlord’s ability to forfeit the lease and to recover outstanding rents