Sunset Ltd & Anor v Al-Hindi [2023] EWHC 2443 (Ch) (05 October 2023)

Sunset Ltd & Anor v Al-Hindi [2023] EWHC 2443 (Ch) (05 October 2023)

The petitioners failed to comply with section 48 of the Landlord and Tenant Act 1987 prior to presenting the statutory demand and bankruptcy petition, so the rent arrears were not due and payable at the relevant time. Subsequent service of a section 48 notice did not cure the defect. The petition was therefore invalid and must be dismissed.

Citation
[2023] EWHC 2443 (Ch)
Parties
Petitioner: Sunset Limited; Petitioner: Morville Limited; Debtor: Abdulla Al-Hindi
Jurisdiction
England and Wales
Judgment Date
05 October 2023
Procedural Posture
Bankruptcy Petition / Final Hearing and Judgment
Outcome
Petition dismissed
Legal Topics
Bankruptcy Petition Requirements, Section 48 Landlord and Tenant Act 1987, Statutory Demand Validity, Rent Arrears, Procedural Compliance
Insolvency Landlord and Tenant Bankruptcy Petition Requirements Section 48 Landlord and Tenant Act 1987 Statutory Demand Validity Rent Arrears Procedural Compliance

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Parties

Sunset Limited

Petitioner

Morville Limited

Petitioner

Abdulla Al-Hindi

Debtor

Procedural Posture

Bankruptcy Petition / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the petitioners complied with section 48 of the Landlord and Tenant Act 1987 prior to presenting the bankruptcy petition
  2. 2 Whether rent arrears were due and payable at the time of the statutory demand and petition
  3. 3 Whether subsequent service of a section 48 notice cures the defect for insolvency purposes

Ratio Decidendi

The petitioners failed to comply with section 48 of the Landlord and Tenant Act 1987 prior to presenting the statutory demand and bankruptcy petition, so the rent arrears were not due and payable at the relevant time. Subsequent service of a section 48 notice did not cure the defect. The petition was therefore invalid and must be dismissed.

Court Disposition

Petition dismissed

Orders

  • Petition to be listed for disposal and consequential orders on the first open date