Collin Estates Ltd v Buckley
Collin Estates Ltd v Buckley
- 1992
- Estates Gazette (1992) 40 EG 151-152(2) .
CA 24 July 1992. By a lease dated 1 July 1986 the landlords, C, granted a company, J, a three year lease on premises. B was the principal director of this company and was under clause 7 of the lease the surety for J`s obligations. At the end of the lease J applied for a new tenancy under Landlord and Tenant Act 1954 however in March 1990 J gave notice of discontinuance of its application and the tenancy came to an end three months later. C commenced proceedings for interim rent to cover the period from the end of the tenancy, June 1989 to June 1990 when the statutory tenancy came to an end. Those proceedings were compromised on 4 February 1991 by a consent order under which C`s claim was to be discontinued on the basis that J paid £10,000 in four installments. J went into liquidation in March 1991. C were therefore now suing B for the money. However B contended that a number of disputes were involved and that the order was made without admission of liability by J and it created a who
BUSINESS TENANCIES
CONSENT ORDER
GUARANTORS
INTERIM RENT
LANDLORD AND TENANT ACT 1954
LAW OF PROPERTY ACT 1925 S146
LIABILITY OF SURETY
STATUTORY TENANCY
CA 24 July 1992. By a lease dated 1 July 1986 the landlords, C, granted a company, J, a three year lease on premises. B was the principal director of this company and was under clause 7 of the lease the surety for J`s obligations. At the end of the lease J applied for a new tenancy under Landlord and Tenant Act 1954 however in March 1990 J gave notice of discontinuance of its application and the tenancy came to an end three months later. C commenced proceedings for interim rent to cover the period from the end of the tenancy, June 1989 to June 1990 when the statutory tenancy came to an end. Those proceedings were compromised on 4 February 1991 by a consent order under which C`s claim was to be discontinued on the basis that J paid £10,000 in four installments. J went into liquidation in March 1991. C were therefore now suing B for the money. However B contended that a number of disputes were involved and that the order was made without admission of liability by J and it created a who
BUSINESS TENANCIES
CONSENT ORDER
GUARANTORS
INTERIM RENT
LANDLORD AND TENANT ACT 1954
LAW OF PROPERTY ACT 1925 S146
LIABILITY OF SURETY
STATUTORY TENANCY