000			01654cam a2200217 4500
001			ABS65961
008			021003n2002 000 0 eng u
035			_a(Sirsi) u119986
245			_aActive Estates Ltd v Parness and another
260			_c2002
490			_aEstates Gazette _v[2002] 36 EG 147-155(9)
520			_aChD 19 April 2002. Claimant (A) was landlord of commercial premises under a 25 year lease granted by its predecessor in title. Defendants (P), parties to the lease as guarantors, were covenanted by clause 8.2 that in the event of disclaimer of the lease they would take a new one for the residue of the disclaimed lease when required to do so. Such a request was made in October 1999. P declined to do so on several grounds: surrender of the lease before disclaimer; premises recovered after disclaimer and before request to take new lease; delay disentitled A from enforcing clause 8.2 which was unenforceable by virtue of the Law of Property (Miscellaneous Provisions) Act 1989. "Held" P were required to take up a new lease pursuant to clause 8.2. (1) There was no forfeiture or surrender of the lease prior to the disclaimer. (2) The claimant did not take possession at any time and was not disentitled from enforcing clause 8.2 (3) The special nature of the clause 8.2 right made it a contingent obligation.
590			_aABS
650			_aLAW OF PROPERTY (MISCELLANEOUS PROVISIONS) ACT 1989 S2
650			_aBREACH OF COVENANTS
650			_aDISCLAIMER OF LEASE
650			_aGUARANTORS
650			_aACTIVE ESTATES LTD V PARNESS AND ANOTHER
690			_aLANDLORD AND TENANT-BUSINESS TENANCIES-CASE LAW
942			_n0
999			_c71299 _d71299