Bower Terrace Student Accommodation Ltd & Anor v Space Student Living Ltd [2012] EWHC 2206 (Ch) (27 July 2012)

Bower Terrace Student Accommodation Ltd & Anor v Space Student Living Ltd [2012] EWHC 2206 (Ch) (27 July 2012)

Management and Letting Agreements do not confer a proprietary interest or lease binding on the bank or receivers; receivers are entitled to manage the properties and Space Student Living Limited has no enforceable rights to prevent this.

Citation
[2012] EWHC 2206 (Ch)
Parties
Claimant: Bower Terrace Student Accommodation Limited; Claimant: Herbal Hill Studios Limited (acting by Rosalind Jane Goode and Nathan Pask as fixed charge receivers); Defendant: Space Student Living Limited
Jurisdiction
England and Wales
Judgment Date
27 July 2012
Procedural Posture
Injunction Application / Judgment on Interim Injunction
Outcome
injunction granted
Legal Topics
Receiver Powers, Management Agreements, Leases, Specific Performance, Landlord and Tenant Act 1954, Company Formalities
Property Law Company Law Banking Law Receiver Powers Management Agreements Leases Specific Performance Landlord and Tenant Act 1954 +1 more

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Parties

Bower Terrace Student Accommodation Limited

Claimant

Herbal Hill Studios Limited (acting by Rosalind Jane Goode and Nathan Pask as fixed charge receivers)

Claimant

Space Student Living Limited

Defendant

Procedural Posture

Injunction Application / Judgment on Interim Injunction

Legal Issues

  1. 1 Whether Management and Letting Agreements confer a proprietary interest or lease to Space Student Living Limited
  2. 2 Whether receivers are bound by the agreements
  3. 3 Whether specific performance or injunction should be granted

Ratio Decidendi

Management and Letting Agreements do not confer a proprietary interest or lease binding on the bank or receivers; receivers are entitled to manage the properties and Space Student Living Limited has no enforceable rights to prevent this.

Court Disposition

injunction granted

Orders

  • Receivers entitled to manage properties without interference from Space Student Living Limited
  • Space Student Living Limited required to provide information and assistance as reflected in injunction terms