The Landlord Guide To Commercial Rent
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Tenant in receivership or administrative receivership
Can Landlord Forfeit?
Yes, either by proceedings or by peaceable re-entry.
Can Landlord Distrain?
Yes.
Tenant in administration, or petition for administration is pending
Can Landlord Forfeit?
(A). Cannot forfeit by proceedings, except with leave of court or consent of administrator.
(B). Cannot peaceably re-enter, except with leave of the court or consent of administrator.
Can Landlord Distrain?
Not without leave of the court or consent of the administrator.
Tenant in compulsory liquidation (aka winding up) or a provisional liquidator has been appointed
Can Landlord Forfeit?
No, neither by proceedings or by peaceable re-entry, except with leave of the court.
Can Landlord Distrain?
Cannot commence or continue distress without leave of the court. Proceeds of any distraint carried out during the three months prior to the winding up order are charged to the benefit of preferential creditors.
Petition for compulsory liquidation is pending
Can Landlord Forfeit?
Yes, either by proceedings or by peaceable re-entry, buy court may order a stay.
Can Landlord Distrain?
Cannot commence distress after petition presented. Distress commenced before petition was presented can be continued unless either the court orders a stay or a winding-up order is made. Proceeds of any distraint carried out during the three months prior to the winding-up order are charged for the benefit of potential creditors.
Tenant is in voluntary liquidation (whether creditors' or members')
Can Landlord Forfeit?
Yes, either by proceedings or by peaceable re-entry, buy court may order a stay.
Can Landlord Distrain?
Yes, but court may order a stay.
Tenant has proposed a CVA but no moratorium has been obtained
Can Landlord Forfeit?
Yes, either by proceedings or by peaceable re-entry.
Can Landlord Distrain?
Yes.
Tenant has proposed a CVA and moratorium has been obtained
Can Landlord Forfeit?
No, neither by proceedings or by peaceable re-entry except with leave of the court
Can Landlord Distrain?
Cannot commence or continue distress without leave of the court.
Tenant has been declared bankrupt, or petition for bankruptcy of tenant in pending
Can Landlord Forfeit?
Yes, either by proceedings or by peaceable re-entry, but a court may order a stay.
Can Landlord Distrain?
Yes, but subject to a maximum of six months prior to commencement of bankruptcy. Furthermore proceeds of any distraint carried out during the three months prior to the bankruptcy order are charged for the benefit of preferential creditors.
Tenant intends to propose an IVA and application for interim order is pending
Can Landlord Forfeit?
(A). Can forfeit by proceedings but court may order a stay.
(B). Until the Insolvency Act 2000 comes into force, can peaceably re-enter.
(C). Once the Insolvency Act 2000 comes into force, cannot peaceably re-enter. Except with leave of the court.
Can Landlord Distrain?
Yes, but once Insolvency Act 2000 comes into force court may order a stay.
Tenant has proposed and IVA and interim order has been obtained
Can Landlord Forfeit?
(A). Cannot forfeit by proceedings.
(B). Until the Insolvency Act 2000 comes into force, can peaceably re-enter.
(C). Once the Insolvency Act 2000 comes into force, cannot peaceably re-enter. Except with leave of the court.
Can Landlord Distrain?
(A). Yes, until the Insolvency Act 2000 comes into force.
(B). Once Insolvency Act 2000 comes into force, cannot distrain without leave of the court.
