Limited liability
Butler, J
Limited liability - 2002 - Estates Gazette (0220) 18 May 2002, 220(1) .
Considers the effectiveness of lease guarantee provisions in cases of involvency. Guarantors generally remain liable following a tenant's insolvency, since the ruling in the case "Hindcastle Ltd v Barbara Attenborough Associates Ltd" (unless the guarantor is released under the terms of the guarantee or a variation). Advises property agents not to inadvertantly include provisions that might restrict the landlord's rights when a tenant is insolvent and on what to consider when claiming from a guarantor.
Insolvency
HINDCASTLE LTD V BARBARA ATTENBOROUGH ASSOCIATES LTD
STACEY V HILL
GUARANTORS
LANDLORD AND TENANT (COVENANTS) ACT 1995
Limited liability - 2002 - Estates Gazette (0220) 18 May 2002, 220(1) .
Considers the effectiveness of lease guarantee provisions in cases of involvency. Guarantors generally remain liable following a tenant's insolvency, since the ruling in the case "Hindcastle Ltd v Barbara Attenborough Associates Ltd" (unless the guarantor is released under the terms of the guarantee or a variation). Advises property agents not to inadvertantly include provisions that might restrict the landlord's rights when a tenant is insolvent and on what to consider when claiming from a guarantor.
Insolvency
HINDCASTLE LTD V BARBARA ATTENBOROUGH ASSOCIATES LTD
STACEY V HILL
GUARANTORS
LANDLORD AND TENANT (COVENANTS) ACT 1995