Hindcastle Ltd v Barbara Attenborough Associates Ltd and others
Hindcastle Ltd v Barbara Attenborough Associates Ltd and others
- 1994
- Estates Gazette (1994) 43 Eg 154-158(5) .
CA 15 June 1994. By a lease X was granted a 20-year term of premises from 12 September 1983 at an initial yearly rent of £13,626 subject to review. In 1987 the lease was assigned to Y pursuant to a licence to assign containing a covenant by Y to pay the rent and perform the covenants during the remainder of the term; the obligations of Y were guaranteed by Z by way of a surety covenant. In 1989 Y assigned the lease to P Ltd and in 1990 the rent was reviewed to £37,500 pa. Following P Ltd`s liquidation, the liquidator disclaimed the lease on 8 December 1992 pursuant to Insolvency Act 1986 s178. W claimed arrears of rent and summary judgment was entered against X, Y and Z. Y and Z appealed contending that the disclaimer operated to determine their liability. Appeal dismissed.
ASSIGNMENT
COVENANTS
DISCLAIMERS
HINDCASTLE LTD V BARBARA ATTENBOROUGH ASSOCIATES LTD
LEASES
LIABILITY
RENT ARREARS
CA 15 June 1994. By a lease X was granted a 20-year term of premises from 12 September 1983 at an initial yearly rent of £13,626 subject to review. In 1987 the lease was assigned to Y pursuant to a licence to assign containing a covenant by Y to pay the rent and perform the covenants during the remainder of the term; the obligations of Y were guaranteed by Z by way of a surety covenant. In 1989 Y assigned the lease to P Ltd and in 1990 the rent was reviewed to £37,500 pa. Following P Ltd`s liquidation, the liquidator disclaimed the lease on 8 December 1992 pursuant to Insolvency Act 1986 s178. W claimed arrears of rent and summary judgment was entered against X, Y and Z. Y and Z appealed contending that the disclaimer operated to determine their liability. Appeal dismissed.
ASSIGNMENT
COVENANTS
DISCLAIMERS
HINDCASTLE LTD V BARBARA ATTENBOROUGH ASSOCIATES LTD
LEASES
LIABILITY
RENT ARREARS