Alma Property Management Ltd v Crompton

Subject Matter

LANDLORD AND TENANT — Lease of common parts — Specific performance — Claimant freeholder of building seeking specific performance of repairing obligations in common parts lease — Lease acquired by receivers appointed pursuant to charge over freehold — Charge long since redeemed and receivership ended but receivers still holding lease — Judge dismissing claim for specific performance of lease and allowing counterclaim for unreasonable refusal of consent to assign — Whether receivers acquiring lease in exercise of powers as such — Whether on redemption of charge and discharge of receivership receivers becoming bare trustees for claimant — Insolvency Act 1986, Sch 1, para 17 — Trusts of Land and Appointment of Trustees Act 1996, s 11(1)

[2023] EWCA Civ 849; [2023] WLR(D) 318, CA

Appellate History