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Beyond the shadow of a doubt

By: Contributor(s): Series: Estates Gazette ; (0302) 11 January 2003, 98-100(3)Publication details: 2003Subject(s): Summary: Suggests that Active Estates Ltd v Parness and another" (ChD Abs65961) highlights defects in current practice in drafting guarantee provisions in leases concerning disclaimers and forfeiture. Discusses "Hindcastle Ltd v Barbara Attenborough Associates Ltd" (HL Abs54763) the leading authority on disclaimers of leases. Reviews the position on forfeiture, surrender of leases and what happens when the tenant ceases to exist as a legal entity.

Suggests that Active Estates Ltd v Parness and another" (ChD Abs65961) highlights defects in current practice in drafting guarantee provisions in leases concerning disclaimers and forfeiture. Discusses "Hindcastle Ltd v Barbara Attenborough Associates Ltd" (HL Abs54763) the leading authority on disclaimers of leases. Reviews the position on forfeiture, surrender of leases and what happens when the tenant ceases to exist as a legal entity.