There was no surrender of a lease to the landlord and the tenant’s liquidator did not have the power to disclaim the lease. In the voluntary winding up of an insolvent company the landlord sought to prove for the liabilities of the company under the lease down to the end of the term. The lease was an onerous one.
Held: The court accepted that the terms of the lease were beneficial to the landlord and, if the lease were put an end to without due compensation to the landlord, he would suffer damage. The landlord was willing for the lease to be determined on terms of being allowed to prove for the loss thereby sustained. The judge gave liberty to the liquidator to carry out that arrangement, which would enable the landlord to prove ‘at once for his loss on the footing of the lease being determined or treated as determined’. The proof was allowed and the question of the amount was to be determined in Chambers. The landlord would be able to prove for his loss and the liquidator would be able to complete the winding up.
Judges:
Romer J
Citations:
[1896] 1 Ch 978
Jurisdiction:
England and Wales
Cited by:
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, Insolvency
Updated: 25 November 2022; Ref: scu.197018