Brown and others v City of London Corporation
Brown and others v City of London Corporation
- 1996
- Estates Gazette (1996) 22 EG 118-125(8) .
ChD 14 December 1995. Two companies acquired business properties with funds provided by a syndicate of banks headed by the third applicant (X), who acted as trustee. In November 1993, X appointed the first and second applicants as receivers. The property remained empty. C contended that the receivers were liable to pay unoccupied property rates. "Held" A receiver is not liable for unoccupied property rates where he is appointed on terms that he is the agent of the company. Under the Local Government Finance Act 1988 s65, the companies were the owners and entitled to possession of the property. Accordingly, the receivers were not liable to pay the rates.
BROWN AND OTHERS V CITY OF LONDON CORPORATION
COMPANIES ACT 1985 S458
DEBENTURES
LAW OF PROPERTY ACT 1925 S109(8)
LOCAL GOVERNMENT FINANCE ACT 1988 S65
UNOCCUPIED PROPERTY RATES
UNOCCUPIED PROPERTY
ChD 14 December 1995. Two companies acquired business properties with funds provided by a syndicate of banks headed by the third applicant (X), who acted as trustee. In November 1993, X appointed the first and second applicants as receivers. The property remained empty. C contended that the receivers were liable to pay unoccupied property rates. "Held" A receiver is not liable for unoccupied property rates where he is appointed on terms that he is the agent of the company. Under the Local Government Finance Act 1988 s65, the companies were the owners and entitled to possession of the property. Accordingly, the receivers were not liable to pay the rates.
BROWN AND OTHERS V CITY OF LONDON CORPORATION
COMPANIES ACT 1985 S458
DEBENTURES
LAW OF PROPERTY ACT 1925 S109(8)
LOCAL GOVERNMENT FINANCE ACT 1988 S65
UNOCCUPIED PROPERTY RATES
UNOCCUPIED PROPERTY