Individual insolvencies in England & Wales reached a record in 2026, driven by the tripling of DRO eligibility after the 2024 rule changes. More residential tenants than ever are now insolvent — and their landlords are being left with frozen arrears, restricted enforcement options, and unfamiliar procedures to navigate.
This session provides a comprehensive, procedure-by-procedure guide to residential tenant insolvency. We cover all three individual insolvency routes (DRO, IVA and bankruptcy) and the three main corporate insolvency procedures (CVA, administration and liquidation) — with particular focus on what each procedure means in practice for a landlord client: what enforcement is blocked, what still works, and what the landlord must do to protect their position.
We examine the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium), updated for the February 2025 regulatory amendments following Kaye v Lees, and explain the critical distinction between moratorium debts and new rent, the tools that survive a moratorium (rent deposit drawdown, guarantors, UC managed payments), and how to challenge an improperly granted moratorium.
Specialist topics include: what happens to the tenancy on a tenant's bankruptcy (vesting in the trustee, disclaimer and its consequences, proof of debt); how to participate actively in IVA creditor votes and challenge unfair proposals; and the role of LPA Receivers — covering when a receiver is appointed over rented residential property, the effect on the tenancy, and what a landlord's solicitor needs to understand about the receiver's position and powers.
We also flag the increasingly common scenario of a corporate tenant in a residential property — where standard residential possession procedure applies to the property, but the insolvency regime is corporate. Delegates will leave knowing how to identify which regime applies and which enforcement tools are available accordingly.
The Renters' Rights Act 2025 (in force 1 May 2026) is integrated throughout — specifically the abolition of section 21, the increased Ground 8 threshold (now 3 months' rent), and the UC housing element exclusion — all considered in the insolvency context only.
Property litigators and solicitors advising residential landlords; residential conveyancers handling leasehold disputes; trainees and paralegals in property teams; legal advisers to letting agents and property management companies; professionals advising on portfolios with corporate or individual tenant insolvency exposure.
This session is suitable for all levels.
By the end of this session, delegates will be able to:
- Identify the applicable insolvency procedure (DRO, IVA, bankruptcy; CVA, administration, liquidation) and understand its immediate effect on landlord enforcement rights
- Explain the updated DRO eligibility rules (£50,000 threshold, no fee) and advise landlords on the implications of record DRO numbers in 2026
- Understand the Debt Respite Scheme moratorium — what is blocked, what is not, and how to respond correctly on receiving notification — including the February 2025 amendment to the mental health crisis moratorium definition
- Advise on the tools that survive insolvency: rent deposit drawdown, guarantors (not covered by moratorium), UC managed payments / Alternative Payment Arrangements
- Understand what happens to a residential tenancy on the tenant's bankruptcy — vesting in the trustee, the trustee's options, disclaimer of the lease and its consequences, and the landlord's claim
- Participate effectively as a creditor: submitting proof of debt, voting in IVA creditor meetings, challenging unfair IVA proposals within the 28-day window
- Recognise the position of an LPA Receiver appointed over a rented residential property — the effect on the tenancy and the receiver's powers and obligations
- Identify the specific risks and procedures applicable where the tenant is a corporate entity in a residential property, and distinguish between the residential property regime and the corporate insolvency regime
- Apply the key Renters' Rights Act 2025 changes (Ground 8 at 3 months, UC exclusion, s.21 abolished) to insolvency scenarios and advise landlord clients accordingly
1. Moratoriums block debt enforcement — but not everything.
Whether the tenant has a DRO, IVA, breathing space, or is in bankruptcy or administration, the moratorium freezes enforcement of the qualifying debts. It does NOT block possession on non-debt grounds, rent deposit drawdown, or claims against guarantors — three tools that remain fully available and should be deployed immediately.
2. The 2024 DRO changes have transformed the landscape.
The Debt Relief Order threshold was raised to £50,000 and the application fee was abolished — both in 2024. The result is record DRO numbers in 2026. For landlords, this means a significant proportion of residential tenants who accumulate arrears can now obtain a DRO and discharge those arrears within 12 months, leaving the landlord with no enforceable debt and only a possession route. Early action, an APA for UC tenants, and insurance cover are now essential.
3. Ground 8 now requires 3 months' arrears — and the UC exclusion can reduce that.
The Renters' Rights Act 2025 (in force 1 May 2026) increased the mandatory Ground 8 threshold from 2 to 3 months' arrears. In an insolvency scenario, the UC housing element exclusion can further reduce the countable arrears — meaning a tenant on Universal Credit may appear to meet the threshold but the landlord cannot rely on those figures for Ground 8 without adjustment. Plead Grounds 8, 10 and 11 together on every notice where arrears are the issue, and apply for an APA at 2 months.
This live webinar contains a 45-minute presentation from Simone Ritchie, a 15-minute Q&A session where you can ask any questions you'd like directly to Simone. You can download your own copy of the presentation and resources to refer to during and after the live webinar.
You will be able to actively listen to the course and ask questions to the speaker.
The live webinar begins at 10am.
The £69 +VAT price includes:
- 45-minutes of topical content
- 15-minute interactive Q&A
- Comprehensive lecture notes
- Digital CPD certificate
You can now pay by invoice directly through our website.
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This live webinar provides you with 1 hour of learning.
Attendees will receive a CPD certificate upon completion of this course.
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About the speaker
Simone Ritchie
Simone is an experienced property litigator, practicing solicitor and digital nomad.
Simone previously trained and practised at Global law firms and has nearly two decade's experience acting and advising on a wide variety of property disputes. She is a Legal 500 recommended specialist solicitor in property litigation and dispute resolution. She specialises in all aspects of commercial and residential property disputes, acting for both landlord and tenant, as well as squatter claims, rent arrears recovery, dilapidations disputes and unlawful eviction.
She is a regular keynote speaker and CPD trainer to a number of property professionals on a variety of issues nationally.
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