Mattey Securities Ltd v Ervin and others
Language: English Series: Estates Gazette ; [1998] 34 EG 91-94(4) (22/8/98)Publication details: 1998Subject(s): Summary: "Mattey Securities Ltd v Ervin and others" CA 3 April 1998. The plaintiffs owned the freehold reversion of commercial premises subject to a lease granted in 1975 for a term of 25 years. By a licence to assign dated 2 October 1986, the defendents covenanted with the landlord to pay the rents during the residue of the term. The lease was assigned to E Ltd, which traded under the name of Bambino. In May 1991 the company was put into administration and B Ltd acquired the trade name of Bambino, the premises and paid the rent arrears. There were negotiations concerning the possible assignment of the lease which came to nothing. In 1992 E Ltd was dissolved and in 1994 B Ltd ceased trading. The landlord obtained judgement for the arrears of rent from the defendents. The defendents appealed contending that, following the administration order in respect of E Ltd, the lease was surrendered by operation of law and a tenancy was created in favour of B Ltd. Held: Appeal dismissed.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS59322 (Browse shelf(Opens below)) | 1 | Available | 88567-1001 |
"Mattey Securities Ltd v Ervin and others" CA 3 April 1998. The plaintiffs owned the freehold reversion of commercial premises subject to a lease granted in 1975 for a term of 25 years. By a licence to assign dated 2 October 1986, the defendents covenanted with the landlord to pay the rents during the residue of the term. The lease was assigned to E Ltd, which traded under the name of Bambino. In May 1991 the company was put into administration and B Ltd acquired the trade name of Bambino, the premises and paid the rent arrears. There were negotiations concerning the possible assignment of the lease which came to nothing. In 1992 E Ltd was dissolved and in 1994 B Ltd ceased trading. The landlord obtained judgement for the arrears of rent from the defendents. The defendents appealed contending that, following the administration order in respect of E Ltd, the lease was surrendered by operation of law and a tenancy was created in favour of B Ltd. Held: Appeal dismissed.