000 01515cab a2200193 4500
001 ABS39508
008 090401t1988 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u17226
041 _aeng
245 _aP & A Swift Investments v Combined English Stores Group plc
260 _c1988
350 _a0
490 _aWeekly Law Reports
_v(1988) 3 WLR 313-320(8)
520 _aHL 7 July 1988 Appeal by Combined English Stores Group (C) from QBD decision giving judgement for P & A Swift Investments (P) in the sum of £4,250 together with interest being the rent arrears due under the under lease . By an underlease, premises were leased to a subsidiary of C which as surety , guaranteed the undertenant`s obligations. The original landlords were wound up voluntarily and by a conveyance the leasehold reversion expectant upon the underlease was assigned by the liquidators to P. The conveyance did not contain any specific assignment of the benefit of the surety`s covenant . The undertenant defaulted on the rent for some time and then went into creditors` voluntarily winding up. When C refused to pay the rent P commenced proceedings in QBD to recover it. The judge found for P. On appeal by C by leave of the Appeal Committee, HL held, dismissing the appeal, that where a surety guaranteed by covenant that a tenant would pay the rent, in the event of the tenant`s defaul
650 _aBUSINESS TENANCIES
690 _aLANDLORD AND TENANT-CASE LAW-BUSINESS TENANCIES
942 _n0
948 _c04/03/1997
999 _c11422
_d11422