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Companies Act 2006

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This is the original version (as it was originally enacted).

1018Protection of persons holding under a lease
This section has no associated Explanatory Notes

(1)The court must not make an order under section 1017 vesting property of a leasehold nature in a person claiming under the company as underlessee or mortgagee except on terms making that person—

(a)subject to the same liabilities and obligations as those to which the company was subject under the lease, or

(b)if the court thinks fit, subject to the same liabilities and obligations as if the lease had been assigned to him.

(2)Where the order relates to only part of the property comprised in the lease, subsection (1) applies as if the lease had comprised only the property comprised in the vesting order.

(3)A person claiming under the company as underlessee or mortgagee who declines to accept a vesting order on such terms is excluded from all interest in the property.

(4)If there is no person claiming under the company who is willing to accept an order on such terms, the court has power to vest the company’s estate and interest in the property in any person who is liable (whether personally or in a representative character, and whether alone or jointly with the company) to perform the lessee’s covenants in the lease.

(5)The court may vest that estate and interest in such a person freed and discharged from all estates, incumbrances and interests created by the company.

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