Podcast Location:
Sorry, this podcast has been removed as it is now out of date
Categories:
Property Law
CPD Points:
Up to 1 point. details »

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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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Regulated by ILEX:
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Listen only, gain ½ a CPD point (30 minutes)

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Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

The practical implications of insolvency from the landlord and tenant point of view: including the advantages and disadvantages of forfeiture; the lawful use of rent deposits and service charge advance contributions, and the landlord's remedy (at present) of distress for rent. The implications of disclaimer, and who can obtain vesting orders, and in what circumstances. Some of the implications of CVAs for landlords.

Outcomes:
After completing the course you will:
  • Understand the the practical implications of insolvency from the landlord and tenant point of view;
  • Understand the advantages and disadvantages of forfeiture;
  • Understand the lawful use of rent deposits and service charge advance contributions, and distress for rent;
  • Understand the implications of disclaimer;
  • Understand who can obtain vesting orders, and in what circumstances;
  • Understand some of the implications of CVAs for landlords.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Practical Guide
Sources and References:
  • Law of Distress Amendment Act 1908;
  • Law of Property Act 1925, ss139, 146;
  • Companies Act 1985, ss 654, 656;
  • Insolvency Act 1986;
  • Landlord and Tenant Act 1987, s 42, [42A];
  • Rating (Empty Properties) Act 2007;
  • [Tribunals, Courts and Enforcement Act 2007 Part 3, Ch. 2 (prospective)];
  • Exeter City Council v Bairstow [2007] EWHC 400 (Ch);
  • Hindcastle v Barbara Attenborough Associates [1996] 2 WLR 262;
  • Re Park Air Services plc [1999] 2 WLR 396;
  • Prudential Assurance v PRG Powerhouse [2007] EWHC 1002 ;
  • Sterling Estates v Pickard UK [1997] 2 EGLR 33;
  • Sunberry Properties v Innovate Logistics (in administration) [2008] EWCA Civ 1261;
  • Thomas v Ken Thomas [2006] EWCA Civ 1504.

Discusses the practical implications of insolvency from the landlord and tenant point of view: including the advantages and disadvantages of forfeiture, use of rent deposits and service charge advance contributions; distress; the implications of disclaimer; vesting orders; and some of the implications of CVAs (company voluntary arrangements).

Podcast Added: 16/2/2009

This course has now been removed from the site. It is no longer suitable for CPD purposes as it contains information that is out of date or incorrect. For a list of our latest CPDcasts, please visit the library.

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