What to Expect on Tenant Insolvency [2020]

Webinar Details

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Mark Shelton

CPD Hours: 1


This webinar is presented by Mark Shelton. Particularly in the retail sector, tenant insolvency has been a depressingly regular feature of commercial life over recent years. While landlord have their remedies for enforcing payment of rent and other sums, and recovering possession, the most commonly encountered insolvency regimes impose severe restrictions on the ability to use them.

Insolvency practitioners have been innovative and ingenious over recent years in devising ways of re-writing lease commitments using insolvency law, and landlords need to be alive to the latest developments, and their options for minimising the impact.

This update webinar considers the latest case law and market developments, including:

  • What rights cannot be modified in a CVA
  • What the courts consider to be unfair prejudice
  • When administrators and liquidators must pay rent, and how they may avoid it
  • Common features of CVAs, and how landlords may influence the outcome
  • Pre-pack administrations and forfeiture – how the discretion is exercised

Learning objectives

  • To identify which remedies are affected by tenant insolvency, and how.
  • To know how landlords may help shape CVA proposals, and what scope there may be to challenge them.
  • To understand the options in tenant administration, and how forfeiture and payment of rent are often flipsides of the same coin.
  • To be familiar with the particular issues arising out of pre-pack administrations.