Parry and Another v Robinson-Wyllie Ltd
Parry and Another v Robinson-Wyllie Ltd
- 1987
- Estates Gazette 283(6345) 1 August 1987, 559-563(3) .
ChD 13 February 1987 Action by freehold owners of farmland against assignees of a lease of a farm, claiming arrears of increases in rent determined by an independent surveyor following a rent review . The tenant company was in financial difficulties and a receiver was appointed. Determination of rent by the independent surveyor was delayed and communicated to the parties a month before the lease was assigned. The freeholders claimed following South Tottenham Land Securities Ltd v R&A Millett (Shops) Ltd that the assignees were liable for the rent arrears . There was no hope of recovering the sums from the receiver. ChD upheld the assignee`s submission that there was special provision in the lease which excluded the South Tottenham rule, namely that the arrears was payable immediately on communication to the parties of the surveyor`s determination and this took place before assignment. The receiver was therefore liable to pay the arrears; the assignee was not. Action dismissed.
PROPERTY-LANDLORD AND TENANT-TENANCIES-AGRICULTURAL TENANCIES
ASSIGNMENT
ChD 13 February 1987 Action by freehold owners of farmland against assignees of a lease of a farm, claiming arrears of increases in rent determined by an independent surveyor following a rent review . The tenant company was in financial difficulties and a receiver was appointed. Determination of rent by the independent surveyor was delayed and communicated to the parties a month before the lease was assigned. The freeholders claimed following South Tottenham Land Securities Ltd v R&A Millett (Shops) Ltd that the assignees were liable for the rent arrears . There was no hope of recovering the sums from the receiver. ChD upheld the assignee`s submission that there was special provision in the lease which excluded the South Tottenham rule, namely that the arrears was payable immediately on communication to the parties of the surveyor`s determination and this took place before assignment. The receiver was therefore liable to pay the arrears; the assignee was not. Action dismissed.
PROPERTY-LANDLORD AND TENANT-TENANCIES-AGRICULTURAL TENANCIES
ASSIGNMENT