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ARTICLE · 21 JUNE 2021

Five Point Guide: Recovering Possession With Tenants In Administration

Stevens & Bolton
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Recent reports suggest that High Court applications for CVAs or administrations have increased since April, with a marked rise in medium-to-large firms, unsurprisingly many of these in the retail sector.

United KingdomReal Estate and Construction
Markus Klempa
Markus Klempa

Recent reports suggest that High Court applications for CVAs or administrations have increased since April, with a marked rise in medium-to-large firms, unsurprisingly many of these in the retail sector. But this could be the tip of the iceberg. More company failures are expected with trade still being affected by existing COVID-19 restrictions remaining in place beyond 21 June when the government's COVID-19 lockdown roadmap had been set to end.

Landlords who are fortunate to find good covenants to replace failing tenants will be circling closely to see whether opportunities arise to recover early possession from struggling occupiers. Landlords are currently unable to recover possession by forfeiture for non-payment of rent due to the moratorium imposed by COVID-19 legislation last year. The moratorium is currently due to end on 30 June. Even if this deadline is extended, as it is now expected to be, a landlord faced with a tenant in administration will need to

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