Milverton Group Ltd v Warner World Ltd
Milverton Group Ltd v Warner World Ltd
- 1995
- Estates Gazette 1995 32 EG 70-73(4) .
CA 6 May 1994. Confirmed that payment by sureties in consideration of release of liability discharged liability of original tenant for arrears of debt. Held that out of the £50,348 paid by the sureties paid by DB and JW, £19,500 was regarded as rent for Michaelmas quarter day 1991 whilst the outstanding balance could be set off against the total sum payable to the landlord for rent and breach of other covenants in the lease and appropriated by landlord when required. Appeal and cross-appeal dismissed.
APPROPRIATION
ASSIGNMENT
ORIGINAL TENANT
RENT ARREARS
SURETIES
CA 6 May 1994. Confirmed that payment by sureties in consideration of release of liability discharged liability of original tenant for arrears of debt. Held that out of the £50,348 paid by the sureties paid by DB and JW, £19,500 was regarded as rent for Michaelmas quarter day 1991 whilst the outstanding balance could be set off against the total sum payable to the landlord for rent and breach of other covenants in the lease and appropriated by landlord when required. Appeal and cross-appeal dismissed.
APPROPRIATION
ASSIGNMENT
ORIGINAL TENANT
RENT ARREARS
SURETIES