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Where creditors are due

By: Language: English Series: Property Week ; 75(3) 16 January 2009, 58(1) Publication details: 2009Subject(s): Summary: Summarises the case of Innovate Logistics Ltd (In Administration) v Sunberry Properties Ltd [2008] EXCA Civ 1321, 18 November 2008. Case clarified the extent to which an administrator of an insolvent tenant can act in breach of the terms of the lease to safeguard or increase the sums available to the tenant's creditors. Case shows that the interests of creditors of an insolvent tenant may take precedence over those of a landlord.

Summarises the case of Innovate Logistics Ltd (In Administration) v Sunberry Properties Ltd [2008] EXCA Civ 1321, 18 November 2008. Case clarified the extent to which an administrator of an insolvent tenant can act in breach of the terms of the lease to safeguard or increase the sums available to the tenant's creditors. Case shows that the interests of creditors of an insolvent tenant may take precedence over those of a landlord.