The expectation is that there will be an increasing number of T
insolvencies in the near future. It is worth remembering, however, that
the insolvency regime has changed considerably in recent years
(Insolvency Act 2000 and Enterprise Act 2002 have introduced new
options, with greater encouragement towards administration and turning
companies around). Plus, of course, there are the forthcoming changes
to distress (being replaced by the new Commercial Rent Arrears
Recovery system).
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James Driscoll raises further issues arising from the recent
House of Lords decision in Majorstake relating to a landlord’s
right to oppose a leaseholder’s claim for a new lease.
How can landlords and tenants of commercial premises prepare
for a potential rise in the number of corporate insolvencies?
Sarah Finch investigates
In order to qualify for collective enfranchisement, the 1993 Act
requires that no more than 25% of the internal floor area of a
building is used for commercial or non-residential purposes.
Natasha Rees examines a case that has clarified how this figure
is to be applied.
The Tribunals, Courts and Enforcement Act
2007 (the Act) abolishes the common law right of
distress and replaces it with a new remedy of
commercial rent arrears recovery (CRAR). The
Act (which received royal assent in July last year)
is expected to come into force in the next few
months, together with the necessary detailed rules.
