Liquidators of insolvent landlord companies can terminate commercial leases on their property, evict the tenants and sell the land with vacant possession.
In what has become known as the ‘Willmott Growers’ case, the High Court held in December last year that a liquidator of an insolvent landlord company could disclaim (i.e. terminate) leases granted by the landlord. Before this case, the general view was that only the liquidators of an insolvent tenant could terminate the lease because the lease was the property of the tenant and not the landlord.
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