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Real Estate & Property Law
Insolvency & Restructuring
Commercial Property
Residential Property
Property Litigation
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30 minutes of audio
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Course Aims:

In this two-part podcast series Jacqueline Lean from Landmark Chambers considers the various insolvency regimes that might impact on possession proceedings and some of the issues that might merit consideration when there is concern that a tenant or borrower is, or is about to become insolvent.

Part One starts by examining personal insolvency, including a consideration of bankruptcy, residential possession proceedings, forfeiture and debt relief orders.

Part Two continues to examine personal insolvency by considering the main elements of the DRO regime and what the making of a DRO will mean. It then considers Individual Voluntary Arrangements before going on to consider insolvency in the company context including administration, liquidation, company voluntary arrangements and finally charges and mortgages.

After completing the course you will:
  • Be aware of the various insolvency regimes that might impact on possession proceedings;
  • Have considered the circumstances in which an individual may become bankrupt and the relevant provisions of the Insolvency Act 1986 in relation to possession actions;
  • Have considered insolvency in terms of possession proceedings of a property under an AST, secure tenancy or protected tenancy;
  • Understand the rules where a residential or commercial landlord seeks to forfeit a lease by service of proceedings;
  • Understand where debt relief orders sit amongst the variety of debt-solution procedures available and what the making of a DRO will mean;
  • Appreciate how DRO’s differ from Individual Voluntary Arrangements;
  • Be aware of the routes by which a company may be put into administration and what the function of the administrator will be;
  • Know the rules on moratorium whilst a company is in administration and have considered how it might impact on a landlord or mortgagee;
  • Have considered the different types of Liquidation and the impact this will have on a landlord’s right to forfeit a lease;
  • Be aware of Company Voluntary Arrangements;
  • Be aware of the consideration n respect of the creditor whose interest is secured by either a mortgage or other charge over the property.
Intermediate Difficulty: 3 of 5
Legal Principles
Practical Guide
Sources and References:
  • Billson v. Residential Apartments Ltd. [1992] 1 A.C. 494;
  • Bristol & West Building Society v. Saunders [1997] BCC 83;
  • Companies Act 2006;
  • Enterprise Act 2002;
  • Ezekiel v Orakpo [1977] QB 260;
  • Greenwich London Borough Council v. Regan (1996) 28 HLR 469;
  • Harlow District Council v. Hall [2006] EWCA Civ 156;
  • Housing Act 1985;
  • Housing Act 1988;
  • In re A Debtor (No. 13A-IO-1995) [1995] 1 W.L.R. 1127, 1133;
  • Innovate Logistics Ltd v. Sunberry Properties Ltd [2008] EWCA Civ 1261;
  • Insolvency (Amendment) Rules 2009;
  • Insolvency Act 1986;
  • Khan v. Permayer [2001] BPIR 95 (CA);
  • Metro Nominees (Wandsworth) (No 1) v.K Rayment [2008] B.C.C. 40;
  • Nationwide Building Society v. Wright [2010] Ch 318;
  • New Cap Reinsurance Corp Ltd v. HIH Casualty and General Insurance Ltd [2002] EWCA Civ 300;
  • Razzaq v. Pala [1997] 1 WLR 1336;
  • Re Atlantic Computer Systems plc [1992] Ch 505;
  • Re Blue Jeans Sales Ltd [1979] 1 WLR 362;
  • Re Eileen Davies [1997] BPIR 619;
  • Re Taylor [2007] Ch 50;
  • Rent (Agriculture) Act 1976;
  • Rent Act 1977;
  • Rent Act 1997;
  • Seal v.Chief Constable of South Wales Police [2007] UKHL 31;
  • Secretary of State for Work and Pensions v. Payne & Cooper [2010] EWCA Civ 1431;
  • Sharples v Places for People Homes Ltd [2011] EWCA Civ 813;
  • Thompson v. Elmbridge Borough Council [1987] 1 WLR 1425.

In this two-part Property Law podcast series, Jacqueline Lean, a barrister from Landmark chambers discusses insolvency issues arising in possession actions, which in the current economic climate, are appearing with increased frequency in the property litigator’s caseload.

Date Added: 26/10/2011

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