Termination of a commercial lease

Application pratique:

This decision confirms that your rent claim and the tenant's deposit claim are automatically connected and set off up to the smaller amount. Even though you omitted the deposit in your proof of debt, you can still deduct the €6,000 from the €18,000 rent due, leaving a net claim of €12,000. Notify the insolvency practitioner (mandataire) immediately of the offset and provide supporting documents like the lease and deposit receipt.

Application pratique:

The court ruling clarifies that your claim for return of the deposit and working capital is connected to the landlord's rent claim. The amounts will be set off automatically: your £15,000 total deposit claim reduces the landlord's £12,000 rent arrears to zero, and you may even receive the remaining £3,000. Ensure your insolvency practitioner knows of this offset right and provides evidence of the deposit payments to avoid double payment.

Application pratique:

This case law establishes that the claims are connected and offset automatically, regardless of the landlord's omission. You must therefore treat the landlord's net claim as €15,000 (€25,000 minus €10,000) for the purposes of the insolvency proceedings. Request the lease agreement and deposit receipt, then record the offset in your statement of claims to avoid disputes and ensure fair distribution to all creditors.