000 01823cab a2200325 4500
001 ABS59197
008 090401t1998 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u87956
041 _aeng
245 _aBhogal v Cheema
260 _c1998
350 _a0
490 _aEstates Gazette
_v[1998] 29 EG 117-119(3)
520 _aChD 19 February 1998. B was surety for Alpine Computer Services (A), the tenant. In 1991 the landlord (C) accepted rent from GA, who had sought consent to an assignment of the lease, on the basis that it was paid on behalf of A. Further rent was accepted from GA during 1992. C regarded A and GA as sister companies under the same control, and the occupation by GA as under some form of informal licence. A went into creditors` compulsory liquidaton and the liquidator disclaimed the lease in June 1996. A statutory demand for arrears of rent was made on B, and B`s application to set it aside was dismissed by the registrar. B appealed contending there had been an implied surrender by A and an acceptance of GA as the new tenant. "Held" there was no evidence that there was an offer by A to surrender, no evidence that GA took possession on this basis with the consent of C, and C had not failed to mitigate his losses by failing to take possession of the premises. Appeal dismissed.
650 _aACCEPTANCE OF RENT
650 _aASSIGNMENT
650 _aFOSTER V ROBINSON
650 _aHINDCASTLE V BARBARA ATTENBOROUGH ASSOCIATES
650 _aIMPLIED SURRENDERS
650 _aLANDLORD AND TENANT
_96252
650 _aLIABILITY
650 _aLIQUIDATION
650 _aMITIGATION OF LOSS
650 _aPOSSESSION
650 _aRENT ARREARS
650 _aSURETIES
690 _aLANDLORD AND TENANT-CASE LAW-BUSINESS TENANCIES
942 _n0
948 _c12/08/1998
999 _c55514
_d55514