It is important to determine who the tenants are. Ask the landlord for copies of all lease documents or tenancy agreements. If they are not available
Tenant Insolvency: Chattel or Fixture
Whether a particular item is a chattel or fixture is often the subject of disputes between landlords and Trustees. A Trustee or Receiver will consider
Insolvency & Rental Property Management: What are the Tenancy Terms
Review the lease agreements and tenancy agreements to determine what the terms are. This will provide you with the events of default and the remedies
Landlord Insolvency: Entering into New Leases
Unless this power is specifically set out in the security agreement, an instrument appointed Receiver does not have this power. A Court appointed
Tenant Insolvency: Occupation Rent
Occupation rent is payable for the time the Trustee actually occupies the premises. If the Trustee does not actually occupy the premises it is not
Landlord Insolvency: Lease Renewals
Generally the security agreement or Court Order will allow the Receiver to renew leases. If the power is not specifically provided for the Receiver
Landlord Insolvency: Ability to Terminate Leases
If a landlord entered into a lease with a tenant subsequent to the granting of the security over which the Receiver has been appointed, the Receiver
Intro to Landlord Tenant Issues in Insolvency
As an insolvency practitioner we are often involved in situations that include landlord and tenant issues. We are either dealing with a tenant or
Tenant Insolvency: Protection from the Landlord
This is likely the most common situation for insolvency practitioners to encounter. Tenants generally try to keep their payments to their landlord up