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 company and then to take a re-assignment holding the lease now free of the guarantee.
Held: The threatened assignment would be a breach of the provisions of clause 3.15 of the lease.
Judges:
Mann J
Citations:
[2010] EWHC 3344 (Ch)
Links:
Statutes:
Landlord and Tenant (Covenants) Act 1995 25(1)
Jurisdiction:
England and Wales
Cited by:
Appeal from – K/S Victoria Street v House of Fraser (Stores Management) Ltd and Others CA 27-Jul-2011
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 . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 27 September 2022; Ref: scu.427292
