Avonridge Property Co Ltd v Amit Mashru and others
Avonridge Property Co Ltd v Amit Mashru and others
- 2004
- Estates Gazette [2005] 05 EG 204-208 (5) Court of Appeal (Civil Division) [2004] EWCA Civ 1306 .
[2004] EWCA Civ 1306, 14 October 2004. A appealed against a judgment for damages to be assessed against it in Part 20 proceedings brought by the respondent sublessees (M). The issue on this appeal was whether a provision in a lease entered into since 1 January 1996 which purported to limit the liability of the original lessor under the lessor's covenants, so that it came to an end on his disposing of the reversion, fell foul of the anti-avoidance provision in the Landlord and Tenant (Covenants) Act 1995 s25. "Held:" the appeal was dismissed. View judgment at bailii.org
LEASES
COVENANTS
BREACH OF COVENANT
LANDLORDS LIABILITY
LANDLORD AND TENANT (COVENANTS) ACT 1995 S25
ANTI-AVOIDANCE
AVONRIDGE PROPERTY CO LTD V AMIT MASHRU & OTHERS
ASSIGNMENT
[2004] EWCA Civ 1306, 14 October 2004. A appealed against a judgment for damages to be assessed against it in Part 20 proceedings brought by the respondent sublessees (M). The issue on this appeal was whether a provision in a lease entered into since 1 January 1996 which purported to limit the liability of the original lessor under the lessor's covenants, so that it came to an end on his disposing of the reversion, fell foul of the anti-avoidance provision in the Landlord and Tenant (Covenants) Act 1995 s25. "Held:" the appeal was dismissed. View judgment at bailii.org
LEASES
COVENANTS
BREACH OF COVENANT
LANDLORDS LIABILITY
LANDLORD AND TENANT (COVENANTS) ACT 1995 S25
ANTI-AVOIDANCE
AVONRIDGE PROPERTY CO LTD V AMIT MASHRU & OTHERS
ASSIGNMENT