News & Analysis as of

Commercial Tenants Landlords Insolvency

Mayer Brown

Early Lease Terminations: Understanding and Managing Avoidance Risks

Mayer Brown on

When faced with a financially distressed tenant, an early lease termination agreement can be an effective means for a landlord to resolve the uncertainty created by its tenant’s financial distress and to mitigate potential...more

Katten Muchin Rosenman LLP

Commercial Landlords v. Tenants: Let Battle Recommence

Key Points - - An arbitration scheme for commercial landlords and tenants was introduced during March 2022 under the Commercial Rent (Coronavirus) Act 2022 with the aim of resolving disputes over outstanding rent arrears...more

Hogan Lovells

Review of company voluntary arrangements (“CVAs”)

Hogan Lovells on

On 28 June 2022 the Insolvency Service published a report it had commissioned from RSM UK to assess the impact that CVAs were having on commercial landlords (the “Report”). The Report was commissioned in response to a number...more

Hogan Lovells

UK company voluntary arrangements: 10 key takeaways for property owners from government research

Hogan Lovells on

The company voluntary arrangement (CVA) is an insolvency process that has raised significant concern amongst commercial property owners in recent years about their use by tenant companies to change lease terms, write off...more

BCLP

Briefcase: Quarterly Real Estate Update - Cases and News - September 2021

BCLP on

Briefcase: Quarterly Real Estate Update - Cases and News including: ..The Royal Parks Limited and the Secretary of State for Digital, Culture, Media and Sport v Bluebird Boats Limited ..Monsolar IQ Ltd v Woden Park...more

A&O Shearman

The Corporate Insolvency and Governance Act 2020

A&O Shearman on

The Corporate Insolvency and Governance Act (the Act) entered into force on 26 June 2020. The Act represents the most significant reforms to the insolvency framework in the United Kingdom since, at least, the widespread...more

BCLP

Briefcase Quarterly Update: Key Real Estate Cases - July 2021

BCLP on

Briefcase: Quarterly update on key real estate cases including: Pandemic Clause Included in Business Lease Renewal - ..A shopping centre lease renewal decision contains useful guidance on how the court will assess...more

Hogan Lovells

Landlords win victory in latest CVA challenge case

Hogan Lovells on

In the latest High Court decision relating to Company Voluntary Arrangements in the UK, the judge held that the Regis hairdressing group CVA should be revoked on the basis that it favoured shareholders at the expense of...more

Cadwalader, Wickersham & Taft LLP

Summer's Coming, May 2021 | Issue No. 24A - Further Blow to the Landlords? The Virgin Active Case and the New Restructuring Plan...

It’s not news that the COVID-19 pandemic has exacerbated losses in sectors that are reliant on footfall − namely, the retail and leisure industry. Prior to the pandemic, the general weakness in the “bricks and mortar” retail...more

Hogan Lovells

Hotel contracts - Deferred or suspended rent due to Corona

Hogan Lovells on

Does the owner bear the risk in case of bankruptcy? Due to the tense situation in the hotel industry, various lessees are currently approaching their lessors asking for deferral or abatement of rent payments for the...more

BCLP

Corporate Insolvency and Governance Act 2020 - what does it mean for landlords?

BCLP on

The Corporate Insolvency and Governance Act 2020 was passed on 25 June 2020. The legislation has been in contemplation for a number of years, and has implemented a significant reform to the UK's restructuring and insolvency...more

White & Case LLP

Czech Responses to COVID-19

White & Case LLP on

The goal of the Prague COVID-19 Task Force is to regularly update our clients on actual and prospective developments in their markets consequent on the pandemic, primarily from a Czech perspective but also across the region. ...more

Goodwin

COVID-19: German Government Issues Draft Bill Suspending Tenants' Obligation to Pay Rent and Borrowers' Obligation to Repay Loans

Goodwin on

As countries around the world implement procedures to inhibit the spread of the COVID-19 coronavirus, many changes are obviously having increasingly adverse effects on the economy. With borders closed and free movement...more

Hogan Lovells

BHS Company Voluntary Arrangement – Landlords Win on Penalties

Hogan Lovells on

The English High Court has decided that collapsed retailer British Home Stores cannot challenge its own company voluntary arrangement as an unenforceable contractual penalty and must repay rental discounts to its landlords...more

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