Managing insolvency

Surveyors will often be asked to act in relation to transactions with an insolvency element – for example, advising a lender or insolvency practitioner in relation to the management and realisation of property on a distressed basis, advising parties who are in financial distress, and dealing with insolvent counterparties.

The principle of the legislation in this area is to ensure equal treatment of creditors and, if possible, to promote a culture of rescue – and there are often important legal protections for insolvent entities that may override the terms of any contract or lease to which they are a party.

This section is a guide to surveyors who are called on to advise in insolvency situations and landlords who are faced with tenant insolvency. It covers all areas of instruction, including:

• competence, professional indemnity, conflicts of interest and documents;
• inspection;
• reporting; and
• liability.

This section is maintained by Archie Campbell and Melanie Moore of Stephenson Harwood.