March Estates plc v Gunmark Ltd
March Estates plc v Gunmark Ltd
- 1996
- Estates Gazette 1996 32 EG 75-77(3) .
ChD 14 March 1996. A 25-year lease granted to G on 25 February 1977 contained no provision for releasing G from original tenant liabilities on assignment. In 1990 the lease was assigned to E under licence by M. E became insolvent and went into rent arrears. E applied for an administration order. A company voluntary arrangement was put to the creditors under the Insolvency Act 1986 s3 & 23. M did not attend but G did and voted. No reference was made to the lease in the arangement. G`s argument that the arrangement released it from its original tenant liability was rejected. M was entitled to pursue G for unpaid rent.
ASSIGNMENT
COMPANY VOLUNTARY ARRANGEMENTS
Insolvency
LEASES
ORIGINAL TENANT LIABILITY
RENT ARREARS
ChD 14 March 1996. A 25-year lease granted to G on 25 February 1977 contained no provision for releasing G from original tenant liabilities on assignment. In 1990 the lease was assigned to E under licence by M. E became insolvent and went into rent arrears. E applied for an administration order. A company voluntary arrangement was put to the creditors under the Insolvency Act 1986 s3 & 23. M did not attend but G did and voted. No reference was made to the lease in the arangement. G`s argument that the arrangement released it from its original tenant liability was rejected. M was entitled to pursue G for unpaid rent.
ASSIGNMENT
COMPANY VOLUNTARY ARRANGEMENTS
Insolvency
LEASES
ORIGINAL TENANT LIABILITY
RENT ARREARS