The Prudential Assurance Company Ltd v David Monroe Ayres and Christopher Grew [electronic resource]
Language: English Publication details: 2007Subject(s): Online resources: Summary: [2007] EWHC 775 (Ch), 3 April 2007. The claimant intermediate landlord sought to recover rent from the defendants, as previous tenants of premises, in their capacity as guarantors of the partnership to which an underlease had been assigned and which had become insolvent. The landlord had granted an underlease to the defendants. By a separate supplemental deed between the landlord and the partnership it was agreed that the liability of the partnership under the lease was limited to the partnership assets. The partnership became insolvent leaving rent unpaid and the landlord claimed against the defendants. "Held": although the rent reserved by the underlease remained unchanged, that did not prevent the limitation of liability by the deed since it was open to a landlord to indicate to his tenant a willingness to accept less than the reserved rent.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 137937-2001 |
[2007] EWHC 775 (Ch), 3 April 2007. The claimant intermediate landlord sought to recover rent from the defendants, as previous tenants of premises, in their capacity as guarantors of the partnership to which an underlease had been assigned and which had become insolvent. The landlord had granted an underlease to the defendants. By a separate supplemental deed between the landlord and the partnership it was agreed that the liability of the partnership under the lease was limited to the partnership assets. The partnership became insolvent leaving rent unpaid and the landlord claimed against the defendants. "Held": although the rent reserved by the underlease remained unchanged, that did not prevent the limitation of liability by the deed since it was open to a landlord to indicate to his tenant a willingness to accept less than the reserved rent.