Commercial Leases and Insolvency

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.