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Property insolvency

Flux in the economic climate continues to impact commercial and private property markets alike in both freehold and leasehold land. With years of success in handling insolvency, we provide industry-leading strategic planning and crisis management for developers, contractors, landlords, lenders and occupiers.

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Understanding your situation, meeting your needs

Our specialists combine expertise in insolvency and distressed businesses with property finance, construction, planning and property development. Working with you to understand your situation, we build a bespoke, partner-led team designed around your needs and goals.

We can help you restructure property ownership and stakeholder rights in security and other interests, as well as construction and redevelopment projects. Our experience includes formal and informal restructuring of ownership, and refinance of individual properties and portfolios for owners and lenders. Within this, we advise on the use and impact of receiverships (Fixed Charge, LPA, Court appointed and administrative), administration, liquidation, bankruptcy and voluntary arrangements, and the relationship between processes that may run concurrently.

We can also help you resolve property-related disputes, protecting you from financial and reputational damage by reaching pre-litigation agreements. Even when cases advance through proceedings to trial, our outstanding track record in achieving favourable outcomes for clients ensures you have highly competent support throughout.

Highlights

Our team has been involved in a number of high-profile cases in this area. Highlights include:

  • advising on the purchase of a Central London hotel as part of the seller’s restructure and exit from administration
  • restructuring owners’ interests in freehold and commercial leases in a holiday park to advance a ‘white knight’ investment. This included an inter-dependent purchase of interests from an existing stakeholder’s trustee in bankruptcy, and purchase of the business and assets from administrators of a trading tenant
  • advising the administrators appointed to an under-performing shopping centre
  • advising partners in the restructuring and refinancing of the land ownership in a farming partnership, following a partner’s bankruptcy
  • recovering possession of agricultural equine and development land for receivers to sell
  • advising receivers on a residential development and plot sales
  • successfully advancing claims for possession for bankruptcy estates
  • successfully negotiating the reduction of claims by Trustees in bankruptcy against the family home
  • acting for insolvency practitioners appointed over construction companies
  • advising administrators on commercial issues arising from the management of a national portfolio of retail premises and serviced offices
  • multiple acquisitions of the business and assets from administrators (including licenced premises, construction businesses and a stone mill)

Expertise

Our expertise in this area encompasses:

  • agricultural insolvency
  • claims for possession of property in insolvency proceedings
  • development property sales, as a result of insolvency
  • distressed Portfolio Management
  • negotiating between landlords and tenants in the face of financial difficulties
  • property issues relating to administrations, liquidations and voluntary arrangements
  • receiverships, including the appointment of the receiver by the bank and ongoing duties
  • sale and purchase of properties and assets involving insolvent companies
  • sale of property by insolvency practitioners or mortgagees
  • secured Lending arrangements
  • tenant insolvency and landlord insolvency

Thrings LLP is ‘a very solid practice that punches above its weight’, and clients praise its ‘good, technical, appropriate knowledge’.

The Legal 500

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