Recovery of debt under a lease agreement

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In brief

Court recovery of rent arrears accumulated by a bad-faith corporate counterparty.

Background

Court recovery of rent arrears accumulated by a bad-faith corporate counterparty.

Opposing position

The tenant evaded paying rent, procedurally justifying its conduct by the existence of a parallel court dispute that cast doubt on the landlord's title.

Our position and key arguments

We developed a tactic of pressuring the counterparty toward a procedural settlement, based on the fact that the current lease term was about to expire.  Continuation of the lease relationship was made conditional on full repayment of the outstanding debt, either through a settlement agreement or voluntary payment of the rent together with the default interest.

Outcome

Procedural approval of conciliation (a settlement agreement).

Why it matters

The completed project's value for the client's business lies in the prompt restoration of its violated property interests without the risk of protracted litigation, and in the recovered funds actually reaching the client's accounts.

Applies to

Recovering rent payments; lease disputes; disputes where a parallel claim challenges the landlord's title documents; using the expiry of the contract term as leverage to secure a settlement agreement.

Published: September 21, 2026 · Updated: September 21, 2026
's services include
Assessing the prospects of recovering a debt

under a contract

Preparing pre-trial demands and statements of claim
Recovering debt under contracts

of sale, lease, supply, services, agency, etc

Representing clients in disputes

on consumer protection

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