Q&As

A leaseholder company was dissolved, and the property and rights vested in it passed to the Crown (bona vacantia). In reference to this: (1) Can the landlord claim possession of the leased property and if so, how?; and (2) can the landlord claim money owed to it under the lease, and if so how and from who?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 04/05/2021

The following Property Disputes Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • A leaseholder company was dissolved, and the property and rights vested in it passed to the Crown (bona vacantia). In reference to this: (1) Can the landlord claim possession of the leased property and if so, how?; and (2) can the landlord claim money owed to it under the lease, and if so how and from who?

A leaseholder company was dissolved, and the property and rights vested in it passed to the Crown (bona vacantia). In reference to this: (1) Can the landlord claim possession of the leased property and if so, how?; and (2) can the landlord claim money owed to it under the lease, and if so how and from who?

The dissolution of a limited company results in its property (which includes leasehold interests) vesting in the Crown as bona vacantia (section 1012 of the Companies Act 2006 (CA 2006)). Bona vacantia is administered by the Treasury Solicitor. The Crown, acting through the Treasury Solicitor, will decide whether to disclaim property that has been vested in it within a period of three years (CA 2006, s 1013). Disclaimer of a leasehold interest has the effect of terminating the lease (although if there are guarantors or former tenants with ongoing liability the lease is deemed to continue for those purposes only). The Crown does not accept liability under any tenant covenants including in respect of the payment of rent, although the lease vests in the Crown, meaning that the lease continues and the Crown is the tenant, rent will not be paid, and the Crown will ordinarily disclaim the lease. CA 2006, s 1015 provides that disclaimer operates to determine from the

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