000 01557cab a2200205 4500
001 ABS38081
008 090401t1987 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u8619
041 _aeng
245 _aParry and Another v Robinson-Wyllie Ltd
260 _c1987
350 _a0
490 _aEstates Gazette
_v283(6345) 1 August 1987, 559-563(3)
520 _aChD 13 February 1987 Action by freehold owners of farmland against assignees of a lease of a farm, claiming arrears of increases in rent determined by an independent surveyor following a rent review . The tenant company was in financial difficulties and a receiver was appointed. Determination of rent by the independent surveyor was delayed and communicated to the parties a month before the lease was assigned. The freeholders claimed following South Tottenham Land Securities Ltd v R&A Millett (Shops) Ltd that the assignees were liable for the rent arrears . There was no hope of recovering the sums from the receiver. ChD upheld the assignee`s submission that there was special provision in the lease which excluded the South Tottenham rule, namely that the arrears was payable immediately on communication to the parties of the surveyor`s determination and this took place before assignment. The receiver was therefore liable to pay the arrears; the assignee was not. Action dismissed.
650 _aPROPERTY-LANDLORD AND TENANT-TENANCIES-AGRICULTURAL TENANCIES
650 _aASSIGNMENT
690 _aLANDLORD AND TENANT-CASE LAW-RENT REVIEWS
942 _n0
948 _c04/03/1997
999 _c5337
_d5337