Q&As

Where a company in liquidation is a tenant of a residential lease, can that company enter into a new lease/surrender the existing lease, which would have the effect of extending the lease?

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Produced in partnership with Carly Schiff of Gateley Plc
Published on LexisPSL on 03/02/2017

The following Restructuring & Insolvency Q&A produced in partnership with Carly Schiff of Gateley Plc provides comprehensive and up to date legal information covering:

  • Where a company in liquidation is a tenant of a residential lease, can that company enter into a new lease/surrender the existing lease, which would have the effect of extending the lease?

Where a company in liquidation is a tenant of a residential lease, can that company enter into a new lease/surrender the existing lease, which would have the effect of extending the lease?

STOP PRESS: From 6 April 2017, the Insolvency Rules 1986, SI 1986/1925 were revoked and replaced by the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024. The content in this Q&A may have been affected by this change.

The general position is that a liquidator of a company may enter into any compromise or arrangement that might have been entered into by the company itself (Taylor, Noter [1992] BCC 440 (not

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