Q&As

A leaseholder company was dissolved, and the property and rights vested in it passed to the Crown (bona vacantia). In reference to this: (1) Can the landlord claim possession of the leased property and if so, how?; and (2) can the landlord claim money owed to it under the lease, and if so how and from who?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on: 04 May 2021
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The dissolution of a limited Company results in its property (which includes Leasehold interests) vesting in the Crown as Bona vacantia (section 1012 of the Companies Act 2006 (CA 2006)). Bona vacantia is administered by the Treasury Solicitor. The Crown, acting through the Treasury Solicitor, will decide whether to disclaim property that has been vested in it within a period of three years (CA 2006, s 1013). Disclaimer of a leasehold interest has the effect of terminating the lease (although if there are guarantors or former tenants with ongoing liability the lease is deemed to continue for those purposes only). The Crown does not accept liability under any tenant covenants including in respect of the payment of rent, although

Chris Bryden
Chris Bryden

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

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Jurisdiction(s):
United Kingdom
Key definition:
Leasehold definition
What does Leasehold mean?

An estate in land that is limited by time.

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