Vaux Group plc v Lilley and another
Vaux Group plc v Lilley and another
- 1991
- Estates Gazette (1991) 04 EG 136-144(5) .
ChD 20 July 1990. Part of an originating summons between the plaintiffs (V) and the defendants (L) who are tenants and landlords under four underleases . The most important of these was dated 25 August 1967. It was accepted as a building lease and there were terms whereby the lessee covenanted to build a hotel . The term is for 99 years less three days. The Landlord and Tenant Act 1927 s19 applies in relation to any assignment. Another covenant held that any assignment must be registered within one month. The other three underleases were of smaller adjoining or abutting premises. V claimed that under the construction of the underlease they are entitled to assign the underlease to another party, W, without L`s consent without finding an acceptable guarantor and without a direct covenant by W to observe and perform the covenants of the underleases. This was upheld.
BUSINESS TENANCIES
CASE LAW
COVENANT TO ASSIGN
ChD 20 July 1990. Part of an originating summons between the plaintiffs (V) and the defendants (L) who are tenants and landlords under four underleases . The most important of these was dated 25 August 1967. It was accepted as a building lease and there were terms whereby the lessee covenanted to build a hotel . The term is for 99 years less three days. The Landlord and Tenant Act 1927 s19 applies in relation to any assignment. Another covenant held that any assignment must be registered within one month. The other three underleases were of smaller adjoining or abutting premises. V claimed that under the construction of the underlease they are entitled to assign the underlease to another party, W, without L`s consent without finding an acceptable guarantor and without a direct covenant by W to observe and perform the covenants of the underleases. This was upheld.
BUSINESS TENANCIES
CASE LAW
COVENANT TO ASSIGN