A landlord gave notice to the original lessees of business premises, under section 17 of the 1995 Act. It was sent by recorded delivery to the lessees’ last known residential address but was returned to the sender by the Royal Mail. Nevertheless the landlord contended that there had been good service under section 23(1) of … Continue reading Commercial Union Life Assurance Co Ltd v Moustafa: 1999
The defendant had taken assignments of the term of two underleases from the claimant, and then re-assigned them to a limited company with guarantors of the rent, and they in turn re-assigned the leases. The last company became insolvent. The landlord and the claimants and receivers agreed to look for a further assignee and therefore … Continue reading Scottish and Newcastle Plc v Raguz: ChD 11 Apr 2006
The parties had agreed to sell property and to lease it back. The agreement provided that on an assignment of the lease, the existing tenant’s guarantor should also stand as guarantor for the incoming assignee, but not subsequently. It now appealed a finding that it was not free to assign the lease to an associate … Continue reading K/S Victoria Street v House of Fraser (Stores Management) Ltd and Others: ChD 17 Dec 2010
Land at Wembley stadium had been sold to the defendants and leased back. The defendant assigned the freehold within the group, declaring that the lease was held in trust for the original freeholder. The claimant now said that the defendant assignee was not entitled to claim the service charge. Held: There had been an estoppel … Continue reading Wembley National Stadium Ltd v Wembley (London) Ltd and Others: ChD 4 Apr 2007
The claimant granted a lease to the respondents, and then assigned the reversion to another company. It gave notice to the tenant of its desire to be released from its obligations as landlord. The tenant did not serve any counter-notice. Defects occurred for which the landlord would be liable. The agreement for lease provided that … Continue reading BHP Petroleum Great Britain Ltd v Chesterfield Properties Ltd and another: CA 30 Nov 2001
The tenant had applied to the landlord for consent to assign certain leases. The court had declared the right to exercise break clauses in certain leases as lost. The court had found the right to be lost after the assignment of the leases by the original tenant, that the exercise of a break clauses limited … Continue reading JBW Group Ltd v Westminster City Council: CA 12 Mar 2010
The claimant was the original tenant under two 99 year underleases granted in 1967, and assigned them to the defendant who then himself assigned them. The eventual assignee had become insolvent. The landlord recovered the rents from the claimant who now sought an indemnity from the defendant under the 1925 Act. To minimise the losses, … Continue reading Scottish and Newcastle Plc v Raguz: CA 6 Mar 2007
The agreement provided that the guarantors to the original lease should act also as guarantors on any assignment. The tenant challenged this provision saying that it contravened the requirements of section 25 of the 1995 Act. HoF contended that such an arrangement would frustrate the intention of the Act. Held: The provision stipulating in advance … Continue reading K/S Victoria Street v House of Fraser (Stores Management) Ltd and Others: CA 27 Jul 2011
The lease had been assigned by the claimant to the defendant and on again to a tenant who became insolvent. The landlord had recovered sums said to be due from the claimant who now sought an indemnity from the defendant. The defendant said that the claimant had overpaid, including sums excused by section 17 of … Continue reading Scottish and Newcastle Plc v Raguz: HL 29 Oct 2008
The court considered whether the 1995 Act operated to prevent a guarantor of a lessee being required to provide a similar guarantor for an assignee. The tenant had created a sub-lease, and the lease required its guarantor to provide a similar guarantee for the sub-tenant. The defendant had given a guarantee and now objected to … Continue reading Good Harvest Partnership Llp v Centaur Services Ltd: ChD 23 Feb 2010
The landlord had taken a guarantee of the lease from the tenant when granting a licence to assign to the new tenant. That new tenant had become insolvent and the liquidator had disclaimed the lease. The court considered the position under Hindcastle after the 1995 Act. Held: The guaranteer’s appeal succeeded. The effect of the … Continue reading Shaw v Doleman: CA 1 Apr 2009
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