Pellicano and another v MEPC plc and another
Pellicano and another v MEPC plc and another
- 1994
- Estates Gazette (1994) 19 EG 138-141(4) .
ChD 16 February 1994. P was an underlessor of part of a building assigned to L and continued to pay rent to L`s receivers when L entered financial difficulties. When L went into liquidation P ceased paying rent but then received a distress notice requiring payment direct to the landlord (M). The liquidator disclaimed the lease and both L and P sought vesting orders under the Insolvency Act 1986 s181(2). M eventually re-entered the building. P disputed the forfeiture and sought an order for possession, claiming M`s right to forfeit was suspended pending the outcome of the vesting order application. The court disagreed, upholding M`s right to be unaffected.
DISCLAIMER
FORFEITURE
INSOLVENCY ACT 1986 S181(2)
LAW OF PROPERTY ACT 1925 S146(4)
LEASES
TRESPASS
ChD 16 February 1994. P was an underlessor of part of a building assigned to L and continued to pay rent to L`s receivers when L entered financial difficulties. When L went into liquidation P ceased paying rent but then received a distress notice requiring payment direct to the landlord (M). The liquidator disclaimed the lease and both L and P sought vesting orders under the Insolvency Act 1986 s181(2). M eventually re-entered the building. P disputed the forfeiture and sought an order for possession, claiming M`s right to forfeit was suspended pending the outcome of the vesting order application. The court disagreed, upholding M`s right to be unaffected.
DISCLAIMER
FORFEITURE
INSOLVENCY ACT 1986 S181(2)
LAW OF PROPERTY ACT 1925 S146(4)
LEASES
TRESPASS