Rent deposit agreements and insolvency
McGreevy, Gill
Rent deposit agreements and insolvency - 2009 - Lovells Real Estate Quarterly Summer 2009, 3-7(5) .
Rent deposits are often taken to protect against non-payment of rent but how accessible are these deposits when either the landlord?s or the tenant?s solvency becomes problematical? Considers the most common forms of rent deposit agreements (RDAs) ? commingling, charge and trust - and the extent to which each type achieves both the landlord?s and tenant?s objectives and complies with the ?Code for Leasing Business Premises in England and Wales 2007". Looks at what happens when premises are sold by an insolvency practitioner. Tables cover the characteristics of the three RDA forms.
CODE FOR LEASING BUSINESS PREMISES IN ENGLAND AND WALES 2007
COMPANIES ACT 1985 S395
COMPANIES ACT 2006 PART 25
FINANCIAL COLLATERAL ARRANGEMENTS (NO 2) REGULATIONS 2003
RE GREENPORT LTD AND OBARAY V GATEWAY (LONDON) LTD
INSOLVENCY RULES 1996
LANDLORD AND TENANT (COVENANTS) ACT 1995
England and Wales--1543-
Rent deposit agreements and insolvency - 2009 - Lovells Real Estate Quarterly Summer 2009, 3-7(5) .
Rent deposits are often taken to protect against non-payment of rent but how accessible are these deposits when either the landlord?s or the tenant?s solvency becomes problematical? Considers the most common forms of rent deposit agreements (RDAs) ? commingling, charge and trust - and the extent to which each type achieves both the landlord?s and tenant?s objectives and complies with the ?Code for Leasing Business Premises in England and Wales 2007". Looks at what happens when premises are sold by an insolvency practitioner. Tables cover the characteristics of the three RDA forms.
CODE FOR LEASING BUSINESS PREMISES IN ENGLAND AND WALES 2007
COMPANIES ACT 1985 S395
COMPANIES ACT 2006 PART 25
FINANCIAL COLLATERAL ARRANGEMENTS (NO 2) REGULATIONS 2003
RE GREENPORT LTD AND OBARAY V GATEWAY (LONDON) LTD
INSOLVENCY RULES 1996
LANDLORD AND TENANT (COVENANTS) ACT 1995
England and Wales--1543-