Bland v Ingrams Estates Ltd and others.
Bland v Ingrams Estates Ltd and others.
- 1999
- Estates Gazette Law Reports (1999) 25 EG 185-191(7) .
ChD 13 April 1999. In an agreement of 4 May 1994, the plaintiff (B) surrendered a lease of restaurant premises to the first defendant landlord (I). T granted a new lease to a Mr and Mrs Beer who agreed to pay B £172,000 in instalments for the business. Having failed to pay some instalments, B obtained summary judgement against Mr and Mrs Beer and two charging orders against them, both including the lease. The orders were registered in January 1996, and in April 1996 the lease was forfeited by peaceable re-entry due to arrears of rent and a new lease was granted to the second and third defendants. B sought relief from forfeiture on the basis that she was an unpaid vendor and equitable chargee with the benefit of registered charges over the forfeited lease, I and the second and third defendants contended that relief could not be granted to an equitable chargee of the lease. "Held", claim for relief from forfeiture dismissed. An equitable chargee has no right to relief from forfeiture.
ChD 13 April 1999. In an agreement of 4 May 1994, the plaintiff (B) surrendered a lease of restaurant premises to the first defendant landlord (I). T granted a new lease to a Mr and Mrs Beer who agreed to pay B £172,000 in instalments for the business. Having failed to pay some instalments, B obtained summary judgement against Mr and Mrs Beer and two charging orders against them, both including the lease. The orders were registered in January 1996, and in April 1996 the lease was forfeited by peaceable re-entry due to arrears of rent and a new lease was granted to the second and third defendants. B sought relief from forfeiture on the basis that she was an unpaid vendor and equitable chargee with the benefit of registered charges over the forfeited lease, I and the second and third defendants contended that relief could not be granted to an equitable chargee of the lease. "Held", claim for relief from forfeiture dismissed. An equitable chargee has no right to relief from forfeiture.