P & A Swift Investments v Combined English Stores Group plc
P & A Swift Investments v Combined English Stores Group plc
- 1988
- Weekly Law Reports (1988) 3 WLR 313-320(8) .
HL 7 July 1988 Appeal by Combined English Stores Group (C) from QBD decision giving judgement for P & A Swift Investments (P) in the sum of £4,250 together with interest being the rent arrears due under the under lease . By an underlease, premises were leased to a subsidiary of C which as surety , guaranteed the undertenant`s obligations. The original landlords were wound up voluntarily and by a conveyance the leasehold reversion expectant upon the underlease was assigned by the liquidators to P. The conveyance did not contain any specific assignment of the benefit of the surety`s covenant . The undertenant defaulted on the rent for some time and then went into creditors` voluntarily winding up. When C refused to pay the rent P commenced proceedings in QBD to recover it. The judge found for P. On appeal by C by leave of the Appeal Committee, HL held, dismissing the appeal, that where a surety guaranteed by covenant that a tenant would pay the rent, in the event of the tenant`s defaul
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HL 7 July 1988 Appeal by Combined English Stores Group (C) from QBD decision giving judgement for P & A Swift Investments (P) in the sum of £4,250 together with interest being the rent arrears due under the under lease . By an underlease, premises were leased to a subsidiary of C which as surety , guaranteed the undertenant`s obligations. The original landlords were wound up voluntarily and by a conveyance the leasehold reversion expectant upon the underlease was assigned by the liquidators to P. The conveyance did not contain any specific assignment of the benefit of the surety`s covenant . The undertenant defaulted on the rent for some time and then went into creditors` voluntarily winding up. When C refused to pay the rent P commenced proceedings in QBD to recover it. The judge found for P. On appeal by C by leave of the Appeal Committee, HL held, dismissing the appeal, that where a surety guaranteed by covenant that a tenant would pay the rent, in the event of the tenant`s defaul
BUSINESS TENANCIES