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Commercial Leases

Tenant insolvency – breach of repair and reinstatement covenants – measure of damage – section 18(1) Landlord and Tenant Act 1927 – proofs of debt – rejection by liquidators

Re: Teathers Limited (In Liquidation) Baroque Investments Ltd v Heis and Bewick (Joint Liquidators) [2012] EWHC 2886 (Ch) (The Chancellor of the High Court) (22 October 2012)

This interesting case decided by The Chancellor raised novel points on the construction of the terms of a deed of surrender and the application of s18(1) Landlord and Tenant Act 1927 to a claim for damages for disrepair during the term, where damages fell to be assessed the day prior to the termination of the term.

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