Crossing Jurisdictions: Dealing with tenant insolvency in the EMEA real estate market

The real estate investment market across EMEA has had a few battles to contend with over the last three to four years.  In addition to the impact of the Covid-19 pandemic on the occupier market, political upheaval and resulting higher interest rates have made the market a tricky place for those who own and those who occupy commercial real estate.  The outlook is now more favourable for the remainder of 2024, with logistics assets and the living sector leading the market's recovery.

However, the risk of insolvency remains real for landlords and for their tenants.  In our new guide "Crossing Jurisdictions: Dealing with tenant insolvency in the European commercial real estate market", our experts from four jurisdictions, France, Germany, Spain and the UK, have come together to draw comparisons between the insolvency procedures that operate in each country, and to identify ways in which landlords can try and protect themselves and the value of their investments in the event of the insolvency of a tenant. In particular, we consider:

• The main insolvency processes to which tenants may be subject;
• The remedies available for landlords to allow the recovery of rent arrears in the event of a tenant's insolvency;
• Ways in which landlords can regain possession of their premises following an insolvency event; and
• The impact a tenant's insolvency can have on any undertenants and guarantors.

If you would like to discuss any of the topics covered in the briefing in further detail, please do not hesitate to reach out to any of the team listed in the briefing note.