Tenant/landlord issues

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

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Latest Restructuring & Insolvency News

Scotland—ICAS reports revised Common Financial Tool guidance in September 2025 insolvency technical update

The Institute of Chartered Accountants of Scotland (ICAS) reports that the Accountant in Bankruptcy has updated section 6.8 of its notes for guidance on the Common Financial Tool. This update raises the monthly utility expenditure limit, which requires no supporting evidence, from £143 to £146. The revised limit will be effective from 1 October 2025–31 December 2025, reflecting increases in the gas and electricity price cap.

The court’s assessment of the prospects of international recognition and suitability of elevation mechanics in a cross-border scheme of arrangement (Re Standard Profil)

Restructuring & Insolvency analysis: This judgment addresses the enforceability of a scheme of arrangement under Part 26 of the Companies Act 2006 (‘Scheme’) in circumstances where the scheme will likely require cross-border recognition to be effective. In particular, it clarifies that an English court can sanction a cross-border Scheme provided that there is a likelihood or real prospect of international effectiveness. The court also considered the treatment of elevation mechanics and reaffirmed that such mechanics in a Scheme do not need to be scrutinised at the heightened level observed in the context of a Part 26A of the Companies Act 2006 restructuring plan (‘Restructuring Plan’), particularly where there is overwhelming creditor support in favour of the scheme. Written by Kunal Gadhvi, partner at Irwin Mitchell LLP and Adam Bosher, solicitor at Irwin Mitchell LLP.

Koza Altin v Koza Ltd and Mr Hamdi Akin Ipek [2025]

Restructuring & Insolvency analysis: This is another decision concerning whether and when the court will make a winding up order on just and equitable grounds in the case of a deadlock, albeit on unusual facts and in the context of summary judgment and strike out. This case centres on a very long-running dispute between (i) Mr Hamdi Ipek (the Director), the sole director of Koza Ltd (the Company) and (disputed) holder of a single class ‘A’ ordinary share in it, and (ii) the holder of all of the other issued share capital in the Company, Koza Altin (the Parent). The Parent alleged (among other things) that the Director had spent Company funds at an alarming rate and failed to implement special resolutions it had passed as the effective sole shareholder. In this latest round, the Petitioner had petitioned for the Company’s winding up on just and equitable grounds to resolve that ‘intolerable position’, and then applied for summary judgment on its petition (alternatively, strike out of the Company’s defence to the petition). The court dismissed the Petitioner’s application, largely on the basis that an undertaking which was given by the Director to the court to address the Parent’s concerns. Written by Sam Fenwick, partner, and Rhian Bevan, trainee solicitor, at Wedlake Bell LLP.

Insolvency Service announces update on INSSight system rollout

The Insolvency Service has announced that the rollout of its new internal case management system, INSSight, will begin in late October 2025 and continue into early November 2025. The system will support Official Receiver Services and Estate Accounts, including banking functions, and will operate alongside the existing ISCIS Online system, which will remain available during the transition. During the rollout, users may experience processing delays for cheque or BACS payment requests, the allocation of receipts to the Insolvency Service Account (ISA) and bulk case transfers. Access to the Individual Insolvency Register (IIR) will remain available throughout, although there will be a temporary suspension of new Individual Voluntary Arrangement (IVA) registrations and bankruptcy orders. Debt Relief Orders will be unaffected, and the Director Conduct Reporting System will remain available. However, access to information for creditor nominations for routine Insolvency Practitioner appointments and for case handovers following appointments will be limited during the transition. From 3 November 2025, Insolvency Practitioners will be required to use new templates for unclaimed receipts, cheque and BACS payment requisitions, IVA registrations and bulk transfers.

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