(1)The disclaimer of any property of a leasehold nature does not take effect unless a copy of the disclaimer has been served (so far as the trustee is aware of their addresses) on every person claiming under the bankrupt as underlessee or mortgagee and either—
(a)no application under section 320 below is made with respect to the property before the end of the period of 14 days beginning with the day on which the last notice served under this subsection was served, or
(b)where such an application has been made, the court directs that the disclaimer is to take effect.
(2)Where the court gives a direction under subsection (1)(b) it may also, instead of or in addition to any order it makes under section 320, make such orders with respect to fixtures, tenant’s improvements and other matters arising out of the lease as it thinks fit.
Cases considering section 317 3
[2013] EWHC 1154 (Ch) · 8 May 2013Limits
The court used the express invalidity consequence for leasehold disclaimers as a statutory contrast. It held that the different notification requirement for the Chief Land Registrar did not carry the same automatic consequence for a disclaimer of registered freehold land (see para [42]).
[2017] EWHC 605 (Ch) · 20 April 2017Limits
The reference to disclaimer of property of a leasehold nature did not expand the trustee’s power beyond property comprised in the bankrupt’s estate. It therefore did not support disclaimer of the legal estate (see para [64]-[65]).
[2015] EWHC 3072 (Ch) · 27 October 2015Interprets
Considered in the unresolved question whether statutory service requirements postpone the operation of a disclaimer. The court did not decide the issue because the challenge was an abuse of process (see paras [42], [48]-[49]).
What each judgment says about section 317 is in the case-law panel in the full Act.