A clarion call for clarity
Hawkins, R.
A clarion call for clarity - 2001 - Estates Gazette (0101) 6 January 2001, 80(1) .
Describes the effects of a tenant's insolvency on landlords. Under the Insolvency Act 2000 a lessor cannot forfeit a lease if a tenant is subject to a moratorium under administrative receivership, a company voluntary arrangement (CVA), or an individual voluntary arrangement. Remarks that late amendments made to the act during its passage through parliament were not given proper consideration and consequently that further changes may have to be made to the law in this area. Suggests an alternative approach whereby the tenant should, if wishing to continue occupying the premises, be able to commit to paying the rent in full or apply to the court to argue the special circumstances and, where the tenant does not wish to continue in the premises, the lessor should be able to forfeit without requiring leave.
DISTRAIN
FORFEITURE
Insolvency
INSOLVENCY ACT 2000
LEASES
TENANTS INSOLVENCY
A clarion call for clarity - 2001 - Estates Gazette (0101) 6 January 2001, 80(1) .
Describes the effects of a tenant's insolvency on landlords. Under the Insolvency Act 2000 a lessor cannot forfeit a lease if a tenant is subject to a moratorium under administrative receivership, a company voluntary arrangement (CVA), or an individual voluntary arrangement. Remarks that late amendments made to the act during its passage through parliament were not given proper consideration and consequently that further changes may have to be made to the law in this area. Suggests an alternative approach whereby the tenant should, if wishing to continue occupying the premises, be able to commit to paying the rent in full or apply to the court to argue the special circumstances and, where the tenant does not wish to continue in the premises, the lessor should be able to forfeit without requiring leave.
DISTRAIN
FORFEITURE
Insolvency
INSOLVENCY ACT 2000
LEASES
TENANTS INSOLVENCY