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Book Review: Commercial Leases and Insolvency Third Edition

Written by: Patrick McLoughlin

Commercial Leases and Insolvency is a pioneer in this type of text. The inter-relation between insolvency law and commercial leases means that clients often pose a number of questions to their solicitor. Previously, a practitioner would have to consult insolvency law texts but text provides a one-stop source for answers specific to commercial leases.

The relationship between insolvency law and commercial leases is an important issue for landlords. For example, should a landlord require a guarantor to protect the landlord in the event of the insolvency of the tenant? What happens if the guarantor or tenant enters into some form of insolvency? What happens when a liquidator, supervisor or trustee is appointed? All of these questions are answered by Commercial Leases and Insolvency.

Topics covered in this text include: liability for obligations under the lease; distress for rent; forfeiture; liability of original tenants, assignees and sureties; disclaimed [?disclaimer] of a lease and surrender and assignment of the lease.

The author should be applauded as the text is written in a user-friendly and accessible manner. The text is separated into manageable sections which enables answers to be quickly located. Assistance is further obtained from the excellent index. Additionally, useful tables are also included in the text which enables answers to be quickly obtained together with authorities to support the answer. Consequently, it is an extremely useful text for practitioners and non-lawyers such as surveyors.

The text provides the basic principles in manageable sections which allows answers to be found quickly. At only £43, this text provides excellent value for money and should be purchased by any commercial property practitioner or surveyor.

Student Law Journal, August 2005

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