Estates Gazette Ltd v Benjamin Restaurants Ltd and another
Estates Gazette Ltd v Benjamin Restaurants Ltd and another
- 1995
- All England Law Reports (1995) 1 All ER 129-135(7) .
CA 20 May 1994. In 1977 E granted a 20-year tenancy of a freehold commercial property. The lessee assigned the lease to the first defendant (B) who agreed to pay any rents due and the second defendants (X) agreed to act as surety. In 1983 B assigned the lease to another party who defaulted in the payment of rent. E commenced proceedings against B and X to recover the arrears and was awarded summary judgement under RSC Ord 14 in the amount claimed. B and X appealed and it was held that the defendants` liability under the covenant in the license to assign was limited to the period during which the lease was vested in B. E appealed; allowed on the grounds that B was bound to pay all the rents payable during the whole of the term.
ASSIGNMENT
LEASES
LIABILITY
NON-PAYMENT OF RENT
RENT ARREARS
SUBTENANTS
CA 20 May 1994. In 1977 E granted a 20-year tenancy of a freehold commercial property. The lessee assigned the lease to the first defendant (B) who agreed to pay any rents due and the second defendants (X) agreed to act as surety. In 1983 B assigned the lease to another party who defaulted in the payment of rent. E commenced proceedings against B and X to recover the arrears and was awarded summary judgement under RSC Ord 14 in the amount claimed. B and X appealed and it was held that the defendants` liability under the covenant in the license to assign was limited to the period during which the lease was vested in B. E appealed; allowed on the grounds that B was bound to pay all the rents payable during the whole of the term.
ASSIGNMENT
LEASES
LIABILITY
NON-PAYMENT OF RENT
RENT ARREARS
SUBTENANTS