header-logo header-logo

07 May 2009 / Mark Sefton , Cameron Lawes
Issue: 7368 / Categories: Features , Landlord&tenant , Property
printer mail-detail

Rent in administration

In rental default cases landlords are often caught in the middle, say Cameron Lawes & Mark Sefton

* * * * * *

Here is a recurring theme of the current recession. A landlord has let some premises to a tenant. The tenant is overburdened with debt, but nevertheless it has a sound underlying business. The simple solution? It puts itself into administration, and the administrator then sells the business to a new company formed for that purpose by the outgoing management team. The business carries on just as before, but now it is free of its debts. The creditors, on the other hand, are left to claw back the debt out of a share of the proceeds got in by the administrator from the sale of the business. Most of the debt will, of course, have to be written off. But where does the landlord fit into this unhappy picture?

What the landlord will almost certainly find is that the premises are now being occupied, not by the old company, or by the administrator, but by the Newco, which is

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll