West Horndon Industrial Park Ltd v Phoenix Timber Group plc
West Horndon Industrial Park Ltd v Phoenix Timber Group plc
- 1995
- Estates Gazette (1995) 20 EG 137-139(3) .
ChD, 1 March 1995. By a lease to which P was guarantor, premises were demised for 20 years at an agreed initial yearly rent, W owning the reversion. Under the lease P covenants to pay the rent and perform the lessee's covenants during the term notwithstanding any other act or thing whereby but for this provision the Guarantor would have been released. By a licence to assign the lessor was permitted to enter the premises to make external improvements. The lessee was by this time in arrears with the rent which W claimed from P. P contended that by the licence it had been released from the covenant of guarantee because the licence imposed on the lessee a burden additional to the lease and that the covenant did not prevent such relief. W appealed. Appeal dismissed.
WEST HORNDON INDUSTRIAL PARK LTD V PHOENIX TIMBER GROUP
England and Wales--1543-
ChD, 1 March 1995. By a lease to which P was guarantor, premises were demised for 20 years at an agreed initial yearly rent, W owning the reversion. Under the lease P covenants to pay the rent and perform the lessee's covenants during the term notwithstanding any other act or thing whereby but for this provision the Guarantor would have been released. By a licence to assign the lessor was permitted to enter the premises to make external improvements. The lessee was by this time in arrears with the rent which W claimed from P. P contended that by the licence it had been released from the covenant of guarantee because the licence imposed on the lessee a burden additional to the lease and that the covenant did not prevent such relief. W appealed. Appeal dismissed.
WEST HORNDON INDUSTRIAL PARK LTD V PHOENIX TIMBER GROUP
England and Wales--1543-