Property insolvency

Property insolvency guidance:

Accepting a surrender can be the quickest way for a landlord to regain possession of the premises from an insolvent tenant. It circumvents the extra requirements before...

Practice Note

This Practice Note will give a basic overview of what amounts to an administration expense and some of the case law on this topic. Expenses of an administration are...

Practice Note

Real estate often forms part of the assets of an insolvent company to be sold by an administrator and can frequently be key to a potential buyer so it can continue the...

Practice Note

Note: This Precedent should be used in conjunction with an application notice template that complies with the Insolvency (England and Wales) Rules 2016, SI 2016/1024—see:...

Precedents

Date[insert date of appointment] Parties 1 [insert name of Lender] of [insert address][incorporated in England and Wales with company registration number [insert company...

Precedents

Bankruptcy searches at the Land Charges Department When a bankruptcy petition is presented by a creditor, the court shall as soon as reasonably practicable send to the...

Practice Note

The receiver’s duty The duty owed by a receiver to a mortgagor when selling a property is the same as that owed by the mortgagee to a mortgagor: • in exercising his power...

Practice Note

On 23 June 2016, the UK held a referendum on membership of the EU, with a 52% majority voting in favour of the UK leaving the EU. The full impact of the UK’s decision to...

Practice Note

Brexit impact As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an...

Practice Note

Brexit impact As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an...

Practice Note

As a result of the 23 June 2016 UK referendum on membership of the EU, which voted with a 52% majority voting in favour of the UK leaving the EU, government published the...

Practice Note

Repayment covenant A claim under the repayment covenant in the principal mortgage can be made against any covenantor, whether principal or surety. Whether or not a...

Practice Note

Right to recover rent The commercial rent arrears recovery (CRAR) regime allows landlords to seize a tenant’s goods from the demised premises in order to recover unpaid...

Practice Note

This Agreement is made on [date] Parties 1 [[insert name of Trustee in Bankruptcy] of [insert address] (the trustee in bankruptcy of the estate of the Debtor) (the...

Precedents

This Practice Note covers receivers who are appointed by the court, including the circumstances in which a court will appoint a receiver and who may be appointed by the...

Practice Note

Restructuring and insolvency professionals may find themselves working with businesses that have obligations under the CRC Energy Efficiency Scheme (CRC Scheme). This...

Practice Note

Prudential Assurance v PRG Powerhouse first highlighted the potential use of a company voluntary arrangement (CVA) for 'guarantee stripping', where the beneficiary of a...

Practice Note

What is a CVA? A company voluntary arrangement (CVA) is an arrangement between a company and its creditors, supervised by an IP (who is known as the supervisor once the...

Practice Note

This Practice Note considers the position of a fixed charge receiver appointed over a development property—commonly a residential block of flats under construction—where...

Practice Note

Coronavirus (COVID-19): Note that from 26 March 2020 until 30 September 2020 under section 81 and Schedule 29 of the Coronavirus Act 2020: • notices to quit proceedings...

Practice Note

This Deed is made on [insert date] Parties 1 [insert name of lender][a company] incorporated in [England and Wales] under number [insert registered number] whose...

Precedents

Dated the [insert day and month] 20[insert year] Parties 1 [name of Lender] a company incorporated in [England and Wales] under number [insert company number] whose...

Precedents

Date [insert date of surrender] Parties 1 [insert name of Landlord] [of [insert address] OR incorporated in England and Wales with company registration number [insert...

Precedents

[To be printed on headed notepaper of the lender making demand] To: [Insert name of individual and/or position] [insert name of the Borrower or other relevant entity]...

Precedents

[To be printed on headed notepaper of the lender making demand] To: [Insert name of individual and/or position] [insert name of the Guarantor or other relevant entity]...

Precedents

Where the a fixed charge receiver is acting on behalf of the seller in selling a property, the receiver's underlying objective is to have a 'clean deal'—that is,...

Practice Note
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