header-logo header-logo

At the Sharples end?

15 September 2011 / Christopher Warenius
Issue: 7481 / Categories: Features , Landlord&tenant , Property
printer mail-detail

How are the interests of insolvent tenants balanced with those of their landlords, asks Christopher Warenius

In the current economic climate, landlords are frequently faced with tenants in financial difficulty. Often these tenants may resort to formal insolvency procedures such as bankruptcy. Formal insolvency mechanisms are designed to provide a degree of protection both for the insolvent party and for their unsecured creditors, who may have competing claims. Landlords can be among the most vulnerable of a tenant’s unsecured creditors because the tenant is in their property and it is difficult to end an ongoing contractual relationship with the financially unsound party. The question often arises as to whose interests take precedence in this situation.

Section 285(3) of the Insolvency Act 1986 (IA 1986) provides such a mechanism. It restricts legal recourse against the insolvent party once a bankruptcy order has been made by providing that: (3)…no person who is a creditor of the bankrupt in respect of a debt provable in the bankruptcy shall—(a) have any remedy against the property or person of the bankrupt in respect of that debt, or (b)

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

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll