Tenant Default – Practical Steps For Landlords

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The persistence of a “subdued trend” for commercial real estate and the continued “extremely challenging” trading conditions for many retail and hospitality tenants, mean many landlords are faced with a real dilemma when faced with tenant default. This practical session will look at the various options open to a landlord, concentrating on what makes most sense in the current market.

• Self-help remedies v court remedies: making the choice
• Forfeiture – sometimes the only sensible option: avoiding the pitfalls, recovering costs and handling new lettings and applications for relief from forfeiture: Hush Brasseries; Kaushal v O’Connor; Khan v Tower Hamlets LBC; Cumbria Zoo; Chug v Dhaliwal
• Guarantors: a checklist for certainty
• Closed retail premises: an unresolvable problem?
• Why ensuring lease compliance can be essential for landlords: lessons from T&M Property Management

Sarah Thompson-Copsey, Non-Practising Solicitor, Legal Lecturer and Trainer