References: [2007] EWHC 775 (Ch)
Links: Bailii
Coram: Lindsay J
Ratio: The defendants argued that they were not liable as guarantors under an Authorised Guarantee Agreement for a lease when the assignee tenant had become insolvent.
Held: The guarantors were liable provided that the extent of the claim did not exceed their original liability.
Statutes: Landlord and Tenant (Covenants) Act 1995 1
Jurisdiction: England and Wales
This case cites:
- Cited – Central London Property Trust Ltd v High Trees House Ltd KBD ([1947] 1 KB 130, [1956] 1 All ER 256, [1947] LJR 77, [1947] 175 LT 332, [1947] 62 TLR 557)
The plaintiff leased a block a flats to the defendant in 1939, at an annual rental of andpound;2500. High Trees had difficulty in filling the flats because of the war, and the parties agreed in writing in 1940 to reduce the rental to a half. No time . . - Cited – Investors Compensation Scheme Ltd v West Bromwich Building Society HL (Times 24-Jun-97, House of Lords, Bailii, [1997] UKHL 28, [1998] 1 All ER 98, [1998] 1 WLR 896, [1998] AC 896)
The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside.
Held: Investors having once . . - Cited – Rennie v Westbury Homes (Holdings) Ltd ChD (Bailii, [2007] EWHC 164 (Ch))
The parties had entered into an option agreement for development of land. The developer purported to exercise an option extendng the applicable period, but having accepted the funds, the land owner denied that it had been validly exercised. - Cited – Laemthong International Lines Company Ltd v Abdullah Mohammed Fahem and Co CA (Bailii, [2005] EWCA Civ 519)
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(This list may be incomplete)
Last Update: 09 July 2019
Ref: 250708
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