The news of the insolvency petition arrives while amounts are still missing in the rent account. As the landlord you will want to react and secure the ongoing payment stream. For that you first need a precise timeline. Insolvency petition, opening of proceedings, outstanding old rent and a later new payment are not interchangeable events.
Use the notice as an occasion for documented clarification
Collect the available communication and check with appropriate legal support which event is actually proven. Record the court, file number, known dates and the scope of any communicated jurisdiction. An announced consultation of the tenant is not automatically an insolvency case already opened.
Set the unamended tenancy agreement, addenda and the rent account to one side. Note which declarations have already been made and when they were received. Legal effect cannot be read from today’s account balance alone. In particular, an older termination letter must not be treated without examination as if it were a declaration only now planned.
Know the special prohibition on termination
§ 112 InsO prohibits, after the petition for opening, termination on the grounds of payment arrears that occurred before the petition, or on the grounds of a deterioration of the debtor’s financial circumstances. [SPERRE] This is a distinct point to check before turning the new notice into a reason for termination.
The provision is not to be extended here into a blanket ban on all future terminations. New events, earlier declarations and particular procedural stages require individual examination. Therefore do not continue to use any existing dunning or termination template without having the insolvency status incorporated.
Break the account down by time
Our editorial recommendation: Present each alleged claim with period, due date, payment and remaining objectionable amount. A single line total arrears figure is too crude for insolvency-law classification. Payments and purposes of use likewise remain provable in the original.
§ 108 InsO contains the principle that tenancies of premises continue with effect for the insolvency estate. Claims for the time before the opening can under paragraph 3 only be asserted as insolvency claims. [BESTAND] Which individual item belongs where and who is responsible for ongoing matters will be concretely clarified based on the current proceedings.
Hypothetical case: One figure, several periods
Bea sees three outstanding monthly items. The insolvency notice names a petition date between two of these months; an opening is documented separately. She does not simply carry the total sum unchanged into a new termination or an unexamined proof of claim.
Instead she submits the monthly overview, proof of receipt and payment receipts. The advice checks which claims are to be pursued how and what handling of ongoing payments is appropriate. The existence of the spreadsheet does not yet prove a claim, but it makes the necessary distinctions visible.
Do not lose the everyday residential matters from sight
A reported fault and an agreed repair appointment continue to be managed as concrete tasks. Financial disputes do not automatically replace the examination of a factual report. At the same time a new payment instruction will only be sent once its basis and responsibility have been clarified.
Your useful interim status consists of a confirmed procedural picture, an account that can be traced by periods and a legally coordinated next step. The article provides neither a termination template nor a spreadsheet claim. It helps to incorporate the insolvency notice at the right point in processing, before an ordinary arrears procedure leads to an inappropriate legal step.