Bringing forfeiture proceedings against a tenant in administration
Under the Insolvency Act 1986, where a tenant is in administration, the landlord cannot bring proceedings to forfeit the lease unless the administrators have consented to the proceedings or the court has given its permission.
In this case, the landlord was given permission by the court to bring the proceedings. The judgment gives guidance on how such applications for permission will be decided and illustrates the difficulties faced by both landlords and administrators where a tenant has gone into administration.
PLC Property is grateful to Jones Day, who acted for the landlord in this case, for supplying the transcript, which has only recently been approved by the court, and for assisting with commentary.