Where a tenancy continues after the insolvency of the tenant, the landlord is entitled (i) to prove for all the arrears of rent; (ii) to enter a claim for all future rent; and (iii) as rent accrues due, to submit proofs in the liquidation from time to time. ‘The proof should be admitted only for future rent, less the benefit which the landlord obtains by getting his property back again; that is to say, he is in the position of a secured creditor.’
Judges:
Vaughan Williams J
Citations:
[1895] 1 Ch 753
Jurisdiction:
England and Wales
Cited by:
Cited – In Re Park Air Services Plc; Christopher Moran Holdings Ltd v Bairstow and Another HL 4-Feb-1999
The tenant company went into liquidation, the receiver disclaimed the lease, and the landlord claimed compensation under the Act. The question concerned how the compensation was to be calculated.
Held: Where a solvent tenant under an onerous . .
Cited – Park Air Services Plc; Christopher Moran Holdings Limited v Bairstow and Ruddock CA 1-May-1997
If a lease is determined or treated as determined in a winding up or in a bankruptcy, the landlord is entitled to prove in principle for all the rent and other payments which he would have been entitled to recover from the tenant for the residue of . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 26 November 2022; Ref: scu.197011