Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Interim moratorium definition

What does Interim moratorium mean? Interim moratorium describes a short, temporary pause on creditor action used to create breathing space immediately before a formal rescue or insolvency step. In practice, in England & Wales and Scotland it most often refers to the statutory moratorium triggered when a company or its directors file a notice of intention to appoint an administrator under Schedule B1 to the Insolvency Act 1986. A broadly similar mechanism exists in Northern Ireland under the Insolvency (Northern Ireland) Order 1989. The phrase itself is not a defined statutory term, but its content and effect follow those regimes. Key features typically include:...

Peaceable re-entry during NOI interim moratorium: is forfeiture void and must administrators apply to court?

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Published by a LexisNexis Restructuring & Insolvency expert

Q&As

This Q&A

This Q&A explores the steps administrators should take to contest a landlord’s attempt to forfeit a lease by peaceable re-entry, carried out unaware of an Interim moratorium triggered by lodging a notice of intention to appoint administrators (NOI). An NOI is to be lodged by the Directors or the company in advance of making an out of court appointment pursuant to Schedule B1, paragraph 22, of the Insolvency Act 1986 (IA 1986). This Q&A does not address a case where no NOI has been lodged. Where a company or its directors intend to appoint an administrator via the out of court route, they begin by filing an NOI, which imposes an interim moratorium under IA 1986, Sch B1, paras 44(2), 44(4). After the NOI is placed before the court, notice must also be served on the ‘prescribed persons’, including any party known to have levied distress against the company or its assets (Insolvency (England and Wales) Rules 2016, SI 2016/1024, r 3.23(4); IA 1986, Sch B1, para 26)...

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Web page updated on 27/05/2026

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