Source: All England Reporter
Publisher Citation: [2012] All ER (D) 08 (Aug)
Neutral Citation: [2012] EWHC 2172 (Ch)
Court: Chancery Division
Judge:

Arnold J

Representation Jonathan Seitler QC (instructed by Wragge & Co LLP) for the claimant.
  Charles Harpum (instructed by Cobbetts LLP) for the defendant.
Judgment Dates: 31 July 2012

Catchwords

Landlord and tenant - Lease - Transfer of sublease - Construction - Business premises - Claimant being leasehold owner of shopping centre (property) under headlease - Claimant subleasing property to defendant - Headlease providing, inter alia, that tenant not to assign premises without previous written consent of landlord - Sublease made subject to headlease - Defendant purporting to transfer sublease to another company (transfer) - Transfer never registered - Claimant applying to court for declaration that defendant remaining tenant of property, and liable to it for rent arrears or damages - Whether transfer of sublease void - Whether defendant liable to claimant under sublease rent arrears - Landlord Tenant Act 1988 Act, - Land Registration Act 2002, s 7.

The Case

Landlord and tenant Lease. The Chancery Division held that, on the true construction of a sublease, a purported transfer of the sublease by the defendant to another company had been void and the defendant remained liable, under the sublease, to the claimant for payment for arrears of rent and, alternatively, for damages.

Practice Areas

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