Surrender: Clarity in word and deed

Hugh James | Property Law Journal | July/August 2016 #343
Rebecca Rees discusses how to avoid a surrender ‘The foundation of surrender by operation of law is the doctrine of estoppel: a party is prevented from later denying the validity of an act which would not have been valid if the lease was continuing.’A lease or tenancy can be surrendered at any time by agreement …

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Insolvency Case Study: Disclaimer

Nabarro LLP | Property Law Journal | May 2013 #310
Camilla Askaroff discusses a case where a surety was required to take a new lease following disclaimer ‘The principle in Hindcastle does not apply if the landlord takes possession of the premises – this indicates that the landlord regards the lease as ended for all purposes.’ In RVB Investments Ltd v Bibby [2013], a landlord …

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Disclaimer Of Leases: Tactics for landlords

Hill Dickinson LLP | Property Law Journal | January 2011 #262
Tom Hubbard examines the powers of a liquidator to disclaim leases and strategies for landlords faced with tenants who are in liquidation ‘A validly appointed liquidator possesses a statutory power to disclaim onerous leasehold property during the process of liquidating a company.’In these hard times many companies are struggling, and those that lose the battle …

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