Property Insolvency

Author: Peter Levaggi; Roger Elford
Publisher: LexisNexis U.K.
ISBN: 9781846611513
Published In: February 2009
Format: Hardback + CD-ROM
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

New Edition is available now !

Description
Contents
Author

Details

A comprehensive guide to the law relating to property and insolvency, as well as related areas such as bankruptcy and trustee sales.

With the current economic climate, property professionals have been affected by the escalating number of bankruptcies and voluntary arrangements. Between 1998 and 2006, the number of IVAs per annum increased by 900% and bankruptcies by 320%.

Practitioners working in these areas will need to ensure that they are informed of all the relevant issues surrounding these cases. Property Insolvency will provide you with a comprehensive knowledge of the law relating to property and insolvency, as well as related areas such as bankruptcy and trustee sales.

This text will ensure that practitioners can be confident of having the relevant knowledge and clear guidance on the practice and procedure on how to deal with these difficult subjects.

[There is] "a helpful summary of the law relating to forfeiture in the opening paragraphs of Chapter 4. The book covers all of the relevant legislation and is generous in its citation of authorities. In both respects, it is completely up to date. Thus, for example, the provisions of the Tribunals and Enforcement Act 2007 which, amongst other things, abolish distress and introduce the new commercial rent arrears recovery procedure are covered in depth; so also are the important judgments of the Court of Appeal in Innovate Logistics Limited v Sunberry Properties Limited [2008] EWCA Civ 1261.

The controversial question of pre-packaged administrations is also covered, with references to the forthcoming SIP 16 and the accompanying guidance notes, and there is extensive consideration of the difficult issues which arise in the context of voluntary arrangements, with a careful consideration of Lord Neuberger's judgment in the under-reported case of Thomas v Ken Thomas Limited [2007] BLR 429 as well as the issues which underlie, and still remain following, the Powerhouse litigation."
From the foreword by Peter Arden QC

Tenant's Insolvency

Liability for Rent and Other Obligations Under a Lease
Distress for Rent and Commercial Rent Arrears Recovery
Forfeiture (and Possession)
Third Party Liability
Leasehold Security - Rent Deposit and Other Forms of Security
Disclaimer
Insolvency Sale of Tenancy - Assignments, Valuations and ‘Pre-packs'

Freehold's/Landlord Insolvency

Landlord's Covenants and Insolvency
Freehold Covenants and Insolvency
Disclaimer of Freehold - Escheat
Developer/Construction Insolvency
Insolvency Sale of Freehold

Mortgagees and Receivers

Overview of Mortgages and the Position of the Mortgagor
Interaction Between the Rights of Mortgagees and Formal Insolvency Regimes
Mortgagees' Remedies
Receivers

Property Assets and Personal Insolvency

Personal Insolvency
Ancillary Relief and Bankruptcy

Property Taxation and Insolvency

Appendices

The Options for Landlords with Insolvent Tenants
Notice under Section 146 of the Law of Property Act 1925
Notice of Disclaimer
Notice of 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

Peter Levaggi, Joint Head of Property Litigation Group and Head of Property Insolvency Group, Charles Russell LLP
Roger Elford, Solicitor, Corporate Recovery & Insolvency Group and Property Group, Charles Russell LLP