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

Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime expert joins as partner

Fieldfisher—Mark Shaw

Fieldfisher—Mark Shaw

Veteran funds specialist joins investment funds team

Taylor Wessing—Stephen Whitfield

Taylor Wessing—Stephen Whitfield

Firm enhances competition practice with London partner hire

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
back-to-top-scroll