The question whether, in cases of tenant insolvency, a landlord requires leave of the court before seeking to forfeit the lease or levy distress depends not only on the legal personality of the tenant (individual or company) but also on the form of insolvency proceedings that have been set in motion.
In a valuable update (see
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The question whether, in cases of tenant insolvency, a landlord requires leave of the court before seeking to forfeit the lease or levy distress depends not only on the legal personality of the tenant (individual or company) but also on the form of insolvency proceedings that have been set in motion.
In a valuable update (see A clarion call for clarity Estates Gazette 6 January 2001, p80), Roger Hawkins, of Berwin Leighton, observes that, while some uncertainties have been removed by the Insolvency Act 2000, the overall position remains unclear and unfairly weighted against the landlord.
Related item: PP 2003/22
