header-logo header-logo

31 July 2009 / Malcolm Dowden
Issue: 7380 / Categories: Features , Landlord&tenant , Property
printer mail-detail

Please re-lease me

Malcolm Dowden on disputes of disclaimed leases & subtenants of part

A liquidator’s disclaimer of a lease ends the rights, interests and liabilities of the insolvent tenant in respect of the property, but statute preserves the rights and liabilities of other parties, including mortgagees and subtenants.

However, where subtenants remain in occupation, and particularly where they occupy only part of the premises covered by the disclaimed lease, the extent of their liabilities and obligations to the landlord is unclear.

The “phantom” lease

Insolvency Act 1986 s 178(4) provides that disclaimer: (i) determines, as from the date of disclaimer, the rights, interests and liabilities of the company in or in respect of the property disclaimed, but (ii)does not, except so far as is necessary for the purpose of releasing the company from any liability, affect the rights or liabilities of any other person.

Hindcastle v Barbara Attenborough ([1997] AC 70, [1996] 1 All ER 737) confirmed that under this deeming provision the rights and liabilities of guarantors, mortgagees and subtenants remain as though the

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

Shakespeare Martineau—David Vaughan

Shakespeare Martineau—David Vaughan

Shakespeare Martineau appoints new London office head as firm continues investment in capital

Browne Jacobson—Kevin Moore

Browne Jacobson—Kevin Moore

Browne Jacobson strengthens All-Island life sciences platform with appointment of leading Galway MedTech lawyer

Clarke Willmott—Latitude Law

Clarke Willmott—Latitude Law

National law firm strengthens commercial offering with acquisition of leading immigration practice

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
back-to-top-scroll