Mattey Securities Ltd v Ervin and others
Mattey Securities Ltd v Ervin and others
- 1998
- Estates Gazette [1998] 34 EG 91-94(4) (22/8/98) .
"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.
ASSIGNMENT OF LEASES
MATTEY SECURITIES LTD V ERVIN AND OTHERS
OCCUPIERS
RENT ARREARS
SURRENDER
"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.
ASSIGNMENT OF LEASES
MATTEY SECURITIES LTD V ERVIN AND OTHERS
OCCUPIERS
RENT ARREARS
SURRENDER