Lease – Landlord and Tenant – Heirs and Executors – ‘Conjunctly and Severally.’
A lease was granted to two tenants and the survivor of them, excluding assignees and sub-tenants, whether legal or conventional, the tenants binding ‘themselves and their respective heirs, executors, and successors, all conjunctly and severally, renouncing the benefit of discussion,’ to pay the rent. One tenant became bankrupt and the other died. Held ( rev. judgment of the Second Division) that the liability of the deceased tenant did not cease with his death, but that his legal representative was liable for the future rents under the lease.
Judges:
Lord Blackburn, Lord Herschell, Lord Watson
Citations:
[1887] UKHL 337, 24 SLR 337
Links:
Jurisdiction:
Scotland
Landlord and Tenant
Updated: 28 June 2022; Ref: scu.636751