This overview is a guide to the Restructuring & Insolvency content within the Tenant/landlord issues subtopic, with links to the available materials.
Landlords are often left in a perilous position in the insolvency of a tenant. They may have rent owing, yet they may be restricted from initiating steps against a tenant subject to an insolvency process due to statutory limitations, even though landlords have a proprietary interest.
The key factor for a landlord when a tenant is insolvent, or is verging on an insolvency event, is to ensure that outstanding rent arrears are paid and future rents are secured as best as possible. Unless there is adequate financial protection in place (such as a rent deposit, or a guarantee with an entity with sufficient covenant strength), it is very difficult for landlords to protect their position. Further, and balanced against this, landlords also need to take into account the long-term plan for the tenant, as pushing hard for rent in the short term could lead to premises becoming unoccupied and empty rates liabilities arising.
On the other hand, tenants may also find themselves in a position where
To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.
**Trials are provided to all LexisNexis content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisNexis services please email customer service via our online form. Free trials are only available to individuals based in the UK, Ireland and selected UK overseas territories and Caribbean countries. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
The Insolvency Service consultation on corporate civil enforcement reforms, published on 25 March 2026, has had its closing date extended from 17 June...
R3, the UK trade association for restructuring, turnaround and insolvency, has appointed Monica Kapur, as Chair of its Midlands committee, succeeding...
Restructuring & Insolvency analysis: This case confirms that a restitutionary claim founded on an alleged total failure of consideration may, in...
The Insolvency Service has reported the sentencing of two men following an insolvency fraud and money laundering investigation. Tariq Sarwar was...
Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid
Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a
Can shares in a limited company that have not been paid-up at all be cancelled?A limited company having a share capital may not alter that share capital, except in the ways listed in section 617 of the Companies Act 2006 (CA 2006). Shares in a company cannot simply be cancelled without following an
Glossary—Latin legal termsDespite attempts in recent years to simplify the language used in legal cases, there are still a number of Latin phrases commonly used in personal injury claims. The following Latin phrases are listed in alphabetical order:Latin
0330 161 1234