Commercial Leases and Insolvency
Butterworths Law (Verlag)
978-0-406-00640-0 (ISBN)
- Titel ist leider vergriffen;
keine Neuauflage - Artikel merken
When a tenant of commerical property becomes insolvent the issues that arise are complex. In this work, those interested in commercial leases and their advisers will find all the aspects of insolvency law that relate to leases in one single source. Presented in a straightforward style, the book explains the states of insolvency that tenants may find themselves in and describes the liability of receivers, administrators and others under the terms of the lease. The landlord's remedies are considered, as are the rights of the original tenant, an assignee or guarantor of the lease. The work is an essential aid for individual and institutional landlords, property managers, tenants, bankers, receivers and insolvency practitioners as well as their respective legal advisers.
Part 1 Tenant insolvency: refinancing, restructuring and informal moratoria; voluntary arrangements; appointment of receiver; appointment by court of administrator; bankruptcy; liquidation. Part 2 Liability for rent and other obligations under a lease: liability in receivership; liability in administration; liability in liquidation; liability in bankruptcy; suing for arrears of rent or breach of other lease terms; execution of judgments; recovery of sub-rents from sub-tenant; petitioning for bankruptcy or winding up; proving in bankruptcy or liquidation. Part 3 Distress for rent: is distraint worthwhile?; the right to distrain; rent distrainable; charges in favour of preferential creditors; what goods may be taken?; when is leave of the court required?; how to distrain; action to avoid distress; tenant's remedies for wrongful distress; distress and other remedies; landlord's right against execution creditors; law reform. Part 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. Part 5 Liability of original tenant, assignees and sureties: liability of original tenant; liability of assignees; liability of sureties; indemnity, contribution and subrogation; duty on landlord to mitigate loss?; rent deposits and bank guarantees; insurance against tenant default; proof by original tenant, assignee or surety; law reform. Part 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 disclaimer. Part 7 Surrender or assignment: dealings by the insolvent tenant; dealings by persons other than the tenant; assignment; surrender.
| Zusatzinfo | index |
|---|---|
| Verlagsort | London |
| Sprache | englisch |
| Maße | 156 x 248 mm |
| Themenwelt | Recht / Steuern ► EU / Internationales Recht |
| Recht / Steuern ► Privatrecht / Bürgerliches Recht ► Mietrecht | |
| Recht / Steuern ► Wirtschaftsrecht ► Bank- und Kapitalmarktrecht | |
| ISBN-10 | 0-406-00640-7 / 0406006407 |
| ISBN-13 | 978-0-406-00640-0 / 9780406006400 |
| Zustand | Neuware |
| Haben Sie eine Frage zum Produkt? |
aus dem Bereich
