Estates Gazette Ltd v Benjamin Restaurants Ltd & another
Estates Gazette Ltd v Benjamin Restaurants Ltd & another
- 1993
- Estates Gazette (1993) 48 EG 131-133(3) .
QBD 25 May 1993. B, an assignee and its surety, signed a deed in 1980 covenanting to pay the rent set by the lease. A third party took over the lease three years later. In 1993 the plaintiffs claimed 15 months` rent arrears from B which was granted at court with interest. B`s appeal was allowed as the court decided that liability should be limited by privity of of contract. A continuing obligation was considered too onerous to be imparted by the imprecise wording of the original deed.
ASSIGNMENT
LEASES
LIABILITY
RENT ARREARS
SURETY
QBD 25 May 1993. B, an assignee and its surety, signed a deed in 1980 covenanting to pay the rent set by the lease. A third party took over the lease three years later. In 1993 the plaintiffs claimed 15 months` rent arrears from B which was granted at court with interest. B`s appeal was allowed as the court decided that liability should be limited by privity of of contract. A continuing obligation was considered too onerous to be imparted by the imprecise wording of the original deed.
ASSIGNMENT
LEASES
LIABILITY
RENT ARREARS
SURETY