Landlords' remedies during tenant insolvency: enforcement restrictions by procedure, with practical steps (England and Wales)

Published by a LexisNexis Property Disputes expert

Practice notes

This Practice Note sets out the limits on a landlord’s enforcement where a tenant faces insolvency in the most common situations. It addresses issuing court proceedings for rent or damages, taking action against guarantors or former tenants, seeking rent from subtenants, drawing down on a rent deposit deed, applying the CRAR procedure, forfeiture by peaceable re-entry, forfeiture through court proceedings, and serving notice on an insolvency practitioner requiring an election on disclaimer of the lease. For a general introduction to property insolvency see Practice Note: Quick guide to property insolvency.

Restrictions on landlord remedies

Bankruptcy

Court proceedings for rent or damages: Not without the court’s leave (IA 1986, s 285(3)).
Pursue guarantors/previous tenants: Yes, under IA 1986, s 281(7).
Claim rent from subtenants: Yes, under IA 1986, s 281(7).
Use rent deposit deed: Depends on the deposit structure. See Practice Note: Rent deposit deed—effect of insolvency.
CRAR: Available where the tenant is undischarged, but only for six months’ rent accrued before the bankruptcy commenced. The right to exercise CRAR will cease upon the debtor’s discharge from...

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Web page updated on 21/05/2026

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