Section 1022: Protection of persons holding under a lease

Companies Act 2006 · 2006 c. 46View on legislation.gov.uk

Part 31: Dissolution and restoration to the register — Chapter 2: Property of dissolved company

Where the property disclaimed is held under a lease the court must not make a vesting order in favour of a person claiming under the company, whether—

as sub-lessee, or
as creditor in a duly registered or (as the case may be) recorded heritable security over a lease,

except on the following terms.

A sub-lessee or creditor declining to accept a vesting order on such terms is excluded from all interest in and security over the property.

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 liable (either personally or in a representative character, and either alone or jointly with the company) to perform the lessee's obligations under the lease.

The court may vest that estate and interest in such a person freed and discharged from all interests, rights and obligations created by the company in the lease or in relation to the lease.

For the purposes of this section a heritable security—

is duly recorded if it is recorded in the Register of Sasines, and
is duly registered if registered in accordance with the Land Registration etc. (Scotland) Act 2012 (asp 5).

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.