Scottish & Newcastle plc v Zeljko Stephen Raguz (No 3)
Scottish & Newcastle plc v Zeljko Stephen Raguz (No 3)
[2006] EWHC 821 (Ch), 11 April 2006. Considered how S recovered £600 000 rent arrears from R following a ruling that has underlined the need for landlords to protect their recovery rights. S was the original tenant of hotel premises in Leicester under two long pre-1996 leases that had transferred its lease to R. The lease then changed hands several times and one of the tenants failed to pay the rent. S sought to recover the rent arrears from R, but R denied liability on the grounds that S had paid sums to which R was not entitled. R also tried to rely on the Tenant (Covenants) Act 1995, which states a money could be recovered if a s17 notice was served. "Held" : the decision ruled that S could recover the money because R would never have agreed to the original assignment unless payment had been made.
SCOTTISH AND NEWCASTLE PLC V RAGUZ
LANDLORD AND TENANT (COVENANTS) ACT 1995 S17
[2006] EWHC 821 (Ch), 11 April 2006. Considered how S recovered £600 000 rent arrears from R following a ruling that has underlined the need for landlords to protect their recovery rights. S was the original tenant of hotel premises in Leicester under two long pre-1996 leases that had transferred its lease to R. The lease then changed hands several times and one of the tenants failed to pay the rent. S sought to recover the rent arrears from R, but R denied liability on the grounds that S had paid sums to which R was not entitled. R also tried to rely on the Tenant (Covenants) Act 1995, which states a money could be recovered if a s17 notice was served. "Held" : the decision ruled that S could recover the money because R would never have agreed to the original assignment unless payment had been made.
SCOTTISH AND NEWCASTLE PLC V RAGUZ
LANDLORD AND TENANT (COVENANTS) ACT 1995 S17