In Discovery (Northampton) Limited v Debenhams Retail Limited [2019] EWHC 2441 (Ch), Norris J concluded that future rent under a lease can fall within a CVA, but that a right of re-entry in a lease is “property belonging to the landlord (not a security right created by the tenant over his own property)” and cannot be modified. How far does that distinction go, for example where there are cladding obligations? In this talk, an insolvency and a property practitioner debate this issue. When an insolvency and a property approach meet what will the outcome be?
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