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Commercial Leases and Insolvency, 4th edition

Commercial Leases and Insolvency, 4th edition
Only £75.00
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Paperback - ISBN - 978 1 84766 147 0 - £75.00 VAT Free

Commercial Leases and Insolvency, 4th edition

Written by: Patrick McLoughlin

This book is the leading text on insolvency law as it affects the commercial rental sector. It will provide you with a clear analysis of the applicable rules, and essential advice on practices adopted when commercial property tenants suffer insolvency.

This book will provide you with practical guidance when advising owners and occupiers of commercial property in the event of tenant insolvency. It examines:

  • The different types of tenant insolvency, including receivership, administration, liquidation and bankruptcy
  • The liability of Receivers, Administrators, Liquidators and Trustees in bankruptcy – including personal liability
  • The remedies of the landlord – including the right to sue for rent, to forfeit a lease and to levy distress
  • The rights and liabilities of original tenants, assignees and guarantors

    This new edition has been fully revised and updated to cover all relevant developments in legislation and case law, including:

  • The Enterprise Act 2002 and case law arising from it
  • The Tribunal Courts and Enforcement Acts 2007, including the abolition of distress as a remedy for non-payment of rent
  • A summary of the seminal judgment in the PRG Powerhouse case relating to tenant voluntary arrangements and guarantees

    This book will help you to understand and evaluate the options open to them in the event of a tenant’s insolvency

    Bibliographic detail

    ISBN: 9781847661470 / 978 1 84766 147 0
    Publication Date:Nov-08
    Format: Paperback
    Availability: In print
    List price: £75


    Contents


    1. Tenant insolvency
    Refinancing, restructuring and informal moratoria, Voluntary arrangements, Appointment of receiver, Appointment of administrator, Bankruptcy, Liquidation
    2. Liability for rent and other obligations under a lease
    Liability in receivership, Liability in administration, Liability in liquidation, Liability in bankruptcy, Liability of mortgagee, Suing for arrears of rent or breach of other lease terms, Execution of judgements, Recovery of subrents from subtenant, Petitioning for bankruptcy or winding up, Proving in bankruptcy or liquidation
    3. Distress for rent
    Is a distraint worthwhile?, The right to distrain, Rent distrainable, Charge in favour of preferential creditors, What goods may be taken?, When is leave of the court required?, How to distrain, Action to avoid distress, Tennant’s remedies for wrongful distress, Distress and other remedies, Landlord’s right against execution creditors, Law reform
    4. Forfeiture of the lease
    Does the lease give the right to forfeit?, Has the right to forfeit arisen?, Has the landlord waived the right to forfeit?, Preliminaries to forfeiture, Method of forfeiture, Relief from forfeiture, Costs of forfeiture, Effect of forfeiture, Rescission of lease, Appointment of receiver by court, Law reform
    5. Liability of original tenant, assignees and sureties
    Liability of original tenant, Liability of assignees, Liability of sureties, Indemnity and contribution, Subrogation to landlord’s rights?, Rights to possession, Duty on landlord to mitigate loss?, Rent deposits and bank guarantees, Insurance against tenant default, Proof by former tenant or surety
    6. Disclaimer of lease by trustee in bankruptcy or liquidator
    Interests which may be disclaimed, Leave of court, Timing of disclaimer, Procedure for disclaimer, Effect of disclaimer in relation to landlord, tenant and trustee, Effect of disclaimer in relation to third parties, Vesting of lease in surety or other party, Effect if no disclaimer, Proof for injury for disclaim
    • Reviews

    Until recently, Commercial Leases and Insolvency was the only text considering the important inter-relationship between commercial property law and insolvency law. Fortunately, practitioners advising on this issue could avoid consulting comprehensive insolvency texts and simply consider this text. Readers will be pleased to note that Commercial Leases and Insolvency has been thoroughly updated to consider the latest developments to the law.


    Written by an experienced property insolvency practitioner, Commercial Leases and Insolvency is broken down into a number of chapters including liability for obligations under the lease, distress for rent, forfeiture, liability of original tenants, assignees and sureties, disclaimer of a lease and surrender and assignment of leases. Impressively, McLoughlin has also included, as an appendix, a revised chapter on distress which explains the law when the Tribunals, Courts and Enforcement Act 2007 comes into force and abolishes distress.


    Commercial Leases and Insolvency is impressively written in a user-friendly and accessible way. It is separated into manageable sections meaning that answers can be quickly located. The excellent index also provides further assistance in locating the relevant part of the text. McLoughlin also includes a number of useful tables which allow answers to be quickly found together with supporting authorities. These excellent features mean that Commercial Leases and Insolvency is an extremely useful text for practitioners and non-lawyers including surveyors.


    For all property insolvency lawyers, a new edition of Commercial Leases and Insolvency has long been overdue. Its enjoyable written style means that the material is quickly understood and answers are quickly found. Further, at only £68, the text provides excellent value for money. McLoughlin's decision to include, as an appendix, a revised chapter on distress is a masterpiece meaning it will remain close to hand, even after distress has been abolished.


    Reviewed on 26 January 2009

    Student Law Journal

     



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