Cheverell Estates Ltd v Harris and another
Cheverell Estates Ltd v Harris and another
- 1998
- Estates Gazette (9802) 10 January 1998, 127-130(4) .
QBD 31 July 1997. A lease granted in 1976 to the plaintiff`s predecessors in title granted a lease for a term of 20 years. The defendants were guarantors under the lease. The reversion to the lease came to be vested in the plaintiffs, the reversion in the term vested in Cheverell Estates Ltd. They became bankrupt and his trustee in bankruptcy disclaimed the lease. The plaintiffs served a notice upon the guarantors under the Landlord and Tenant (Covenants) Act 1995 s17(3). Upon the failure of the guarantors to pay the arrears, the plaintiffs issued proceedings claiming arrears. The plaintiffs appealed against the decision of the master striking out its claim. Held, plaintiffs` appeal allowed.
BANKRUPTCY
GUARANTORS
LANDLORD AND TENANT (COVENANTS) ACT 1995
LEASES
QBD 31 July 1997. A lease granted in 1976 to the plaintiff`s predecessors in title granted a lease for a term of 20 years. The defendants were guarantors under the lease. The reversion to the lease came to be vested in the plaintiffs, the reversion in the term vested in Cheverell Estates Ltd. They became bankrupt and his trustee in bankruptcy disclaimed the lease. The plaintiffs served a notice upon the guarantors under the Landlord and Tenant (Covenants) Act 1995 s17(3). Upon the failure of the guarantors to pay the arrears, the plaintiffs issued proceedings claiming arrears. The plaintiffs appealed against the decision of the master striking out its claim. Held, plaintiffs` appeal allowed.
BANKRUPTCY
GUARANTORS
LANDLORD AND TENANT (COVENANTS) ACT 1995
LEASES