Paragraph 1 Prohibition on presenting a winding-up petition solely in relation to a protected rent debtI1

England, Wales and Scotland

(1)

This paragraph applies where a landlord under a business tenancy is owed a protected rent debt and the tenant is a company.

(2)

The landlord may not, during the moratorium period for the debt, present a petition for the winding up of the company under section 124 of the Insolvency Act 1986 on a ground specified—

(a)

in the case of a registered company, in section 122(1)(f) of that Act, or

(b)

in the case of an unregistered company, in section 221(5)(b) of that Act,

unless the landlord is owed a debt by the company which is not a protected rent debt.

(3)

In this paragraph—

“the moratorium period”, in relation to a protected rent debt, has the same meaning as in section 23;
“registered company” means a company registered under the Companies Act 2006 in England and Wales or Scotland;
“unregistered company” has the same meaning as in Part 5 of the Insolvency Act 1986.

(4)

This paragraph, so far as relating to registered companies, applies to limited liability partnerships.

Annotations

Commencement

I1: Sch. 3 para. 1 in force at 1.4.2022, see s. 31(5)