header-logo header-logo

19 May 2017
Issue: 7746 / Categories: Case law , Law digest , In Court
printer mail-detail

Landlord & tenant

TCG Pubs Ltd (in administration) and another v Master and Wardens or Governors of the Art or Mystery of the Girdlers of London [2017] EWHC 772 (Ch), [2017] All ER (D) 81 (May)

The Chancery Division ruled on whether the first claimant tenant of a pub (a company in administration) had complied with its obligation, under a lease, to offer the defendant landlord an option to purchase the lease, prior to seeking consent to assign it to another party (the option clause). The court held that the application for consent to assign the lease, although made by the proposed assignee of that lease, should be treated as having been made by the tenant. However, it ruled that, notwithstanding that, a letter sent by the tenant’s administrators to the landlord on the previous day had not been adequate to trigger the landlord’s buy-back right under the option clause. The court held that that letter had not proffered a formal option, and, accordingly, could not comply with the pre-requisites to the tenant’s applying for a licence to assign the lease.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll