Estates Gazette Ltd v Benjamin Restaurants Ltd and another
Language: English Series: All England Law Reports ; (1995) 1 All ER 129-135(7)Publication details: 1995Subject(s): Summary: CA 20 May 1994. In 1977 E granted a 20-year tenancy of a freehold commercial property. The lessee assigned the lease to the first defendant (B) who agreed to pay any rents due and the second defendants (X) agreed to act as surety. In 1983 B assigned the lease to another party who defaulted in the payment of rent. E commenced proceedings against B and X to recover the arrears and was awarded summary judgement under RSC Ord 14 in the amount claimed. B and X appealed and it was held that the defendants` liability under the covenant in the license to assign was limited to the period during which the lease was vested in B. E appealed; allowed on the grounds that B was bound to pay all the rents payable during the whole of the term.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS52143 (Browse shelf(Opens below)) | 1 | Available | 63279-1001 |
CA 20 May 1994. In 1977 E granted a 20-year tenancy of a freehold commercial property. The lessee assigned the lease to the first defendant (B) who agreed to pay any rents due and the second defendants (X) agreed to act as surety. In 1983 B assigned the lease to another party who defaulted in the payment of rent. E commenced proceedings against B and X to recover the arrears and was awarded summary judgement under RSC Ord 14 in the amount claimed. B and X appealed and it was held that the defendants` liability under the covenant in the license to assign was limited to the period during which the lease was vested in B. E appealed; allowed on the grounds that B was bound to pay all the rents payable during the whole of the term.