Weaver v Mogford
Language: English Series: Estates Gazette ; (8831) 6 August 1988, 49-50(2)Publication details: 1988Subject(s): Summary: CA 8 February 1988. The defendant (M) was the original lessee under a 21 year lease of an inn of which the plaintiffs (W) were the landlord. The lease granted to M contained a repairing obligation on its delivery up and periodically during the tenancy. In 1981 M assigned the lease to the third party (C) , the assignment containing an indemnity from C to M in respect of breaches of covenant. In 1983 C assigned the lease to a fourth party (S) containing a similar indemnity between C and S. S were unable to pay the rent and in January 1986 W claimed possession and forfeiture of the lease. When S vacated the property it was in disrepair and W issued a writ against M for breach of the repairing covenant. The court held in favour of W, M appealed but the appeal was dismissed.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS39633 (Browse shelf(Opens below)) | 1 | Available | 17884-1001 |
CA 8 February 1988. The defendant (M) was the original lessee under a 21 year lease of an inn of which the plaintiffs (W) were the landlord. The lease granted to M contained a repairing obligation on its delivery up and periodically during the tenancy. In 1981 M assigned the lease to the third party (C) , the assignment containing an indemnity from C to M in respect of breaches of covenant. In 1983 C assigned the lease to a fourth party (S) containing a similar indemnity between C and S. S were unable to pay the rent and in January 1986 W claimed possession and forfeiture of the lease. When S vacated the property it was in disrepair and W issued a writ against M for breach of the repairing covenant. The court held in favour of W, M appealed but the appeal was dismissed.