Barclays Bank plc v Prudential Assurance Co Ltd
Barclays Bank plc v Prudential Assurance Co Ltd
- 1998
- Estates Gazette Law Reports [1998] 10 EG 159-166(8) .
ChD 9 October 1997. An application by the plaintiff mortgagee, Barclays Bank for relief from forfeiture of a lease of nightclub premises. Whether mortgagee as undertenant entitled to relief under Law of Property Act 1925 s146(4) and whether undertenant entitled to relief in respect of lease only without taking supplemental lease. Held, (1) The court did have jurisdiction under Law of Property Act 1925 s146(4) to grant relief from forfeiture to a mortgagee, as an undertenant (2) If the plaintiff were to seek relief from forfeiture, it must take the whole of the covenants contained in the supplemental lease as the terms on which it is entitled to relief from forfeiture of the original property.
DISCLAIMER OF LEASE
FORFEITURE OF LEASE
LAW OF PROPERTY ACT 1925 S146(4)
SUPPLEMENTAL LEASE
ChD 9 October 1997. An application by the plaintiff mortgagee, Barclays Bank for relief from forfeiture of a lease of nightclub premises. Whether mortgagee as undertenant entitled to relief under Law of Property Act 1925 s146(4) and whether undertenant entitled to relief in respect of lease only without taking supplemental lease. Held, (1) The court did have jurisdiction under Law of Property Act 1925 s146(4) to grant relief from forfeiture to a mortgagee, as an undertenant (2) If the plaintiff were to seek relief from forfeiture, it must take the whole of the covenants contained in the supplemental lease as the terms on which it is entitled to relief from forfeiture of the original property.
DISCLAIMER OF LEASE
FORFEITURE OF LEASE
LAW OF PROPERTY ACT 1925 S146(4)
SUPPLEMENTAL LEASE