Mann Aviation Group (Engineering) Ltd v Longmint Aviation Ltd & Anor

Mann Aviation Group (Engineering) Ltd v Longmint Aviation Ltd & Anor

MAGE is the tenant of the premises under an implied annual periodic tenancy protected by the Landlord and Tenant Act 1954; Longmint Aviation has not given effective notice to terminate and is not entitled to forfeit the tenancy. The inter-company transaction in favour of Longmint Aviation was a transaction at an undervalue and is reversed under section 238 Insolvency Act 1986.

Parties
Claimant: Mann Aviation Group (Engineering) Limited (in Administration); First Defendant: Longmint Aviation Limited; Second Defendant: Gama Support Services (Fairoaks) Limited
Jurisdiction
England and Wales
Judgment Date
19 August 2011
Procedural Posture
Civil / Judgment After Speedy Trial
Outcome
Judgment for Claimant
Legal Topics
Implied Periodic Tenancy, Business Tenancy Protection, Transactions at Undervalue, Landlord and Tenant Relationship, Section 238 Insolvency Act 1986
Property Law Insolvency Law Commercial Law Implied Periodic Tenancy Business Tenancy Protection Transactions at Undervalue Landlord and Tenant Relationship Section 238 Insolvency Act 1986

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Parties

Mann Aviation Group (Engineering) Limited (in Administration)

Claimant

Longmint Aviation Limited

First Defendant

Gama Support Services (Fairoaks) Limited

Second Defendant

Procedural Posture

Civil / Judgment After Speedy Trial

Legal Issues

  1. 1 Whether MAGE had rights of occupation as tenant or licensee
  2. 2 Whether MAGE's tenancy was periodic or at will
  3. 3 Whether Longmint Aviation could terminate MAGE's tenancy

Ratio Decidendi

MAGE is the tenant of the premises under an implied annual periodic tenancy protected by the Landlord and Tenant Act 1954; Longmint Aviation has not given effective notice to terminate and is not entitled to forfeit the tenancy. The inter-company transaction in favour of Longmint Aviation was a transaction at an undervalue and is reversed under section 238 Insolvency Act 1986.

Court Disposition

Judgment for Claimant

Orders

  • Declaration that MAGE is tenant under implied annual periodic tenancy protected by Landlord and Tenant Act 1954
  • Injunctive relief granted to protect MAGE's rights of occupation