Related insights: Property Disputes


CVAs still in fashion as New Look successfully defends challenge

12 May 2021
In the hotly anticipated judgment of Mr Justice Zacaroli in the case of Lazari Properties 2 Limited and Ors and New Look Retailers Limited ("New Look") [2021] EWHC 1209 (Ch) New Look has successfully defended a challenge to its CVA on the grounds of jurisdiction, material irregularity and unfair prejudice. The judgment confirms once again that differential treatment of creditors does not on its own establish unfair prejudice but that it will be a matter for determination based on all the circumstances of the case.

Unopposed lease renewal case provides insight into Court's approach to determining new lease terms

22 Apr 2021
The recent case of WH Smith Retail Holdings Limited v Commerz Real Investmentgesellshaft MBH is an unopposed lease renewal case under the Landlord and Tenant Act 1954 (the Act).
As a relatively rare example of an unopposed lease renewal case that proceeded to trial, this case provides insight into the Court's approach to determining terms of a new lease where there is no agreement between the parties. The terms of particular interest in this case were the trigger pandemic rent suspension clause, the rent payable under the new lease, and the interim rent payable

Consultation on protections for commercial tenants

08 Apr 2021
The Government has published a consultation paper and questionnaire, seeking responses and evidence from the property industry generally as to how negotiations have fared over the pandemic period between commercial landlords and tenants on rescheduling rent liabilities. This is intended to inform possible future legislation to deal with the upcoming end of tenant protection measures on 30 June 2021.

Hot off the press! Further extension of winding-up moratorium

25 Mar 2021
As foreshadowed by the Draft Corporate Insolvency and Governance Act 2020 (Coronavirus) (Change of Expiry Date) Regulations 2021 the relevant period for temporary reliefs under the Corporate Insolvency and Governance Act 2020 has been extended to 30 June 2021. Most notably, this will mean that the current suspension of personal liability for wrongful trading and the restrictions on use of statutory demands and winding up petitions will remain in place until that date.

Residential eviction ban in England extended until 31 May 2021

11 Mar 2021
On 10 March 2021 the Housing Secretary, Robert Jenrick and the Business Secretary Kwasi Kwarteng, made the announcement that there will be a further extension to the current residential eviction ban which was due to expire on 31 March 2021. The residential eviction ban will now run in England until 31 May 2021. Whilst the announcement is limited on the detail, it does suggest the existing exemptions to the residential eviction ban are to be retained.