header-logo header-logo

15 October 2009 / Malcolm Dowden
Issue: 7389 / Categories: Features , Landlord&tenant , Property
printer mail-detail

No strings attached?

What happens to lease renewal when the landlord is in administration? Malcolm Dowden reports

In Somerfield v Spring [2009] EWHC 2384 (Ch), [2009] All ER (D) 68 (Oct) the landlord went into administration after serving a counter notice opposing renewal of the tenant’s lease on redevelopment grounds. The landlord’s administrator sought to defer the tenant’s application for a new tenancy until it could put together a scheme of redevelopment that would satisfy Landlord and Tenant Act 1954 (LTA 1954), s 30(1)(f).

It was common ground that a landlord cannot normally defer a tenant’s application where it has no current and credible scheme for redevelopment.

However, the administrator sought to buy time by relying on the moratorium imposed by Insolvency Act 1986 that “no legal process...may be instituted or continued against the company or property of the company except with the: (a) consent of the administrator, or (b) permission of the court”.

The tenant applied to the court for permission to pursue its proceedings. In determining the tenant’s application, the court had to balance

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
back-to-top-scroll