Insolvency for property disputes lawyers
Insolvency for property disputes lawyers

The following Property guidance note provides comprehensive and up to date legal information covering:

  • Insolvency for property disputes lawyers
  • Administration
  • CVAs and retail insolvency
  • Liquidation
  • Receivers
  • Free-standing moratorium under the Insolvency Act 1986
  • Restructuring plans under the Companies Act 2006
  • Individual insolvency
  • Insolvency of a tenant
  • Insolvency of a landlord

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been introduced, which affect the following:

  1. claims for possession brought under CPR Part 55 (including appeals and proceedings to enforce an order for possession by a warrant or writ of possession)

  2. forfeiture of business leases on the grounds of non-payment of rent

  3. a landlord's right to exercise Commercial Rent Arrears Recovery (CRAR) and enforcement agents taking control of goods

  4. service of various notices to recover possession of residential properties

  5. practice and procedure in the First-tier Tribunal (Property Chamber) and Upper Tribunal (Lands Chamber)

  6. insolvency legislation of both a permanent and temporary nature

For further information and guidance, see: Coronavirus (COVID-19)—implications for property.

This Practice Note gives an introduction to the main issues for property disputes lawyers in each of the most common forms of insolvency process, including the restrictions on enforcement action and issues for tenants with insolvent landlords, and gives links to further guidance.

Administration

An administrator may be appointed either:

  1. out of court, either by the company, its directors or by the holder of a qualifying floating charge, or

  2. by the court, on application by the company, its directors or any creditor

Administration affords protection while a recovery scheme is implemented. The objective is to, in order of priority:

  1. rescue