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.
Judges:
Lindsay J
Citations:
[2007] EWHC 775 (Ch)
Links:
Statutes:
Landlord and Tenant (Covenants) Act 1995 1
Jurisdiction:
England and Wales
Citing:
Cited – Central London Property Trust Ltd v High Trees House Ltd KBD 18-Jul-1946
Promissory Estoppel Created
The plaintiff leased a block a flats to the defendant in 1939, at an annual rental of pounds 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 19-Jun-1997
Account taken of circumstances wihout ambiguity
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 7-Feb-2007
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 5-May-2005
. .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 25 September 2022; Ref: scu.250708
