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Commercial Leases and Insolvency

Autor Patrick McLoughlin
en Limba Engleză Paperback – 13 apr 2022
Commercial Leases and Insolvencyis accepted as the best source of reference for practitioners advising the parties when a tenant of a commercial property becomes insolvent. It examines a complex range of legal issues covering both the insolvency rules and property law. It also provides an overview of the various procedures available under the insolvency regime and the different contexts within which a lease may operate helping commercial landlords and mortgagees of commercial leases and tenants understand their respective rights and obligations when a tenant defaults in payments through insolvency.The fifth edition incorporates substantial changes following the implementation of various parts of the Tribunals Courts and Enforcement Act 2007. This includes the abolition of distress in April 2014 and the introduction of the Commercial Rent Arrears Recovery regime. In addition, important changes affecting execution of judgments for rent are included - as well as the consequential repeal and replacement of rights to recover head-rent from sub-tenants included in the Law of Distress (Amendment) Act 1908.This edition also covers numerous court decisions settling important points of law. Perhaps the most notable is the decision inJervis v Pillar Dentonconfirming the extent to which rent is a priority expense in administration. Since the last edition the courts have also handed down significant judgements in many areas including in respect of creditor rights in voluntary arrangements, landlord rights to possession following administration and liability for business rates and of sureties following disclaimer. Other cases covered include:Mourant & Co Trustees Limited v Sixty UKMRC v Portsmouth City FCWestminster Bank Plc v KapoorGlatt v Sinclair, Re Colliers International UK plcClydesdale Financial Services Limited v SmailesLazari GP Limited v Jarvis and re SSRL Realisations Limited (in administration)Southwark LBC v ClarkeSchroder Exempt Property Unit Trust v Birmingham City CouncilShaw v Doleman
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Specificații

ISBN-13: 9781526501738
ISBN-10: 1526501732
Pagini: 400
Dimensiuni: 156 x 234 mm
Ediția:5
Editura: Bloomsbury Publishing
Colecția Bloomsbury Professional
Locul publicării:London, United Kingdom

Caracteristici

Analysis of the decision inJervis v Pillar Dentonconfirming the extent to which rent is a priority expense in administration.

Notă biografică

Patrick McLoughlin is a Legal Director in the real estate practice of Addleshaw Goddard and has more than 20 years' experience in commercial property, including hotel and leisure, industrial, office and retail sectors. In addition, Patrick is regarded as the UK's leading authority on tenant insolvency law.

Cuprins

1. Tenant Insolvency2. Liability for rent and other obligations under a lease3. Commercial Rent Arrears Recovery4. Forfeiture of the lease 5. Liability of original tenant, assignees and sureties 6. Disclaimer of lease by trustee in bankruptcy or liquidator7. Surrender or assignment Appendix: Taking control of goods