||All England Reporter
|| All ER (D) 24 (Aug)
|| EWHC 1874 (Ch)
||Nicholas Caddick (instructed by Trowers & Hamlins) for the claimants.
||Hugh Jackson (instructed by Needleman Treon) for the defendant.
||1 August 2003
Landlord and tenant - Lease - Disclaimer - Insolvent tenant - Covenant requiring surety to pay rent payable under lease for six months - Premises sold to new landlord - Position of surety.
In the instant case, the effect of s178(4) of the following the liquidation of the lessee was that the lease remained to the extent to which its provisions were relevant to the liabilities and rights of the surety and the landlord. Those obligations could only be modified to the extent necessary to prevent any liability which fell upon the insolvent lessee. Accordingly the appeal would be dismissed.
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