Tenant checklist on landlord insolvency (England and Wales): rent, deposits, insurance, breaches, rent review/renewal, superior landlord issues (forfeiture, disclaimer, CRAR), and communications with insolvency office-holders.
Published by a
LexisNexis Property Disputes expert
Checklists
This Checklist outlines the key matters a tenant should weigh up if the landlord becomes insolvent. A tenant must continue to fulfil its obligations under the lease, and should promptly contact the insolvency practitioner, as the tenant will need the information set out below. Swift contact is important because guidance on payments and other particulars will be required.
Who should rent be paid to?
Rent must still be paid in line with the lease. Where the landlord is in administration, liquidation or bankruptcy, or a receiver has been appointed over the property, payment should be made to the administrator, liquidator, trustee in bankruptcy or receiver, as applicable. Under a company voluntary arrangement (CVA), rent may instead be due to the CVA supervisor, subject to the CVA terms. The insolvency practitioner will usually serve notice on the tenant confirming where rent must be sent.
Is the landlord holding a rent deposit?
You should consider whether the rent deposit deed has been drafted so the deposit is held separately from the assets comprising the landlord’s estate, as this affects whether the deposit remains secure and the way it is treated on insolvency. See Practice Note: Rent deposit deed—effect of insolvency...
To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.
Web page updated on 20/05/2026
Popular documents
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
Discover more from LexisNexis
