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Property Insolvency 2nd edition (with CD-ROM)

A comprehensive guide to the law relating to property and insolvency
Print Book + CD
In Stock
ISBN/ISSN: 9781846615474

Product description

Why you should buy Property Insolvency

The world of property insolvency has evolved through the biggest financial catastrophe since the War, with the bank meltdown flowing from property backed lending. Since the first edition of Property Insolvency there have been significant changes in property enforcement (including the introduction of CRAR), restructuring of many national insolvent retail chains and the unprecedented rise of fixed charge receiverships.

The new edition includes coverage of:

  • Evolution of the administration expenses regime following the cases of Goldacre (Offices) Ltd v Nortel Networks UK Ltd (In Administration) (2009) and Leisure (Norwich)II Ltd and others v Luminar Lava Ignite Ltd (In Administration) and others (2012)
  • The rapid growth of mortgage default, fixed charge receivership together with the enforcement of collateral security (including personal guarantees)
  • The use of Company Voluntary Arrangements particularly in relation to multi-site retailers for example, the Miss Sixty case ((1) Mourant & Co Trustees Ltd (2) Mourant Property Trustees Ltd v (1) Sixty UK Ltd (In Administration) (2) Peter Hollis (3) Nicholas O’Reilly (as joint administrators of Sixty UK Ltd) (2010))
  • The fundamental changes to the principles relating to co-ownership of real property – the Supreme Court’s decision in the Patricia Anne Jones v Leonard Trevor Kernott [2011] UKSC 53 developing the ruling in Stack v Dowden [2007] UKHL 17

Recommended reading for corporate restructuring lawyers, insolvency practitioners, commercial property lawyers and property professionals.


It is now some six years since the publication of the first edition of Property Insolvency in early 2009. At that time, the financial crisis was well under way but few could have predicted the length and depth of the downturn which ensued and which has affected every sector of the economy, and continues so to do. Read the full foreword...


The purpose of this book is to give a full account of the modern law relating to property insolvency. As the world emerges from its largest post-war economic crisis, which was largely driven by the collapse of mortgage lending and property prices, perhaps there could be no better moment to produce a revised work on this subject. The current issues involving property and insolvency have reached a level of complexity that has never been seen before. The loss of confidence in interbank credit arrangements can be directly linked with the high level of defaulting mortgagors and tenants (albeit the link is partially hidden by the fact that property portfolios and mortgage funds have been shuffled and traded through obscure securitisation vehicles). Read the full preface...

Table of contents

  • Foreword
  • Preface
  • Table of Cases
  • Table of Statutes
  • Table of Statutory Instruments
  • Table of Abbreviations
  • Introduction 
  • Part 1 - Tenant’s Insolvency
    • Liability for Rent and Other Obligations under a Lease
    • Distress for Rent and Commercial Rent Arrears Recovery and Court
    • Forfeiture (and Possession)
    • Leasehold Security – Rent Deposits and Other Forms of Security
    • Disclaimer
    • Insolvency Sale of Tenancy – Assignments, Valuations and ‘Pre-packs'
  • Part 2 - Freeholder/Landlord Insolvency
    • Landlord’s Covenants and Insolvency
    • Freehold Covenants and Insolvency
    • Disclaimer of Freehold – Escheat
    • Developer/Construction Insolvency
    • Insolvency Sale of Freehold
  • Part 3 - Mortgagees and Receivers
    • Overview of Mortgages and the Position of the Mortgagor
    • Interaction between the Rights of Mortgagees and Formal Insolvency
    • Mortgagees’ Remedies
    • Receivers
  • Part 4 - Property Assets and Personal Insolvency
    • Personal Insolvency
    • Ancillary Relief and Bankruptcy
  • Part 5 - Property Taxation and Insolvency
    • Tax
  • Part 6 - Appendices
    • The Options for Landlords with Insolvent Tenants
    • Notice under Section 146 of the Law of Property Act 1925
    • Notice of Intended Disclaimer
    • Notice to Elect – Liquidation
    • Notice of Disclaimer under Section 178 of the Insolvency Act 1986
    • Notice of Intended Disclaimer to Interested Party
    • Notice to Elect – Bankruptcy
    • Notice of Disclaimer under Section 315 of the Insolvency Act 1986
    • Proof of Debt – General Form
    • Witness Statement
    • Application Notice
    • Licence to Occupy
    • Deed of Appointment of Receiver Under Law of Property Act 1925
    • Written Acceptance of Appointment by Receiver
    • Deed of Indemnity to Receivers
  • Index
Read the full contents