Hindcastle Ltd v Barbara Attenborough Associates Ltd [1996] UKHL 19

Surrender: Clarity in word and deed

Rebecca Rees discusses how to avoid a surrender ‘The foundation of surrender by operation of law is the doctrine of estoppel: a party is prevented from later denying the validity of an act which would not have been valid if the lease was continuing.’A lease or tenancy can be surrendered at any time by agreement …

Continue reading "Surrender: Clarity in word and deed"

This post is only available to members.

Insolvency Case Study: Disclaimer

Camilla Askaroff discusses a case where a surety was required to take a new lease following disclaimer ‘The principle in Hindcastle does not apply if the landlord takes possession of the premises – this indicates that the landlord regards the lease as ended for all purposes.’ In RVB Investments Ltd v Bibby [2013], a landlord …

Continue reading "Insolvency Case Study: Disclaimer"

This post is only available to members.

Disclaimer Of Leases: Tactics for landlords

Tom Hubbard examines the powers of a liquidator to disclaim leases and strategies for landlords faced with tenants who are in liquidation ‘A validly appointed liquidator possesses a statutory power to disclaim onerous leasehold property during the process of liquidating a company.’In these hard times many companies are struggling, and those that lose the battle …

Continue reading "Disclaimer Of Leases: Tactics for landlords"

This post is only available to members.