Mark Pawlowski explores the rules governing liability of joint tenants and their guarantors for rent under the lease ‘A guarantor for the obligations of the original tenant is invariably a party to the lease. In other words, the guarantor’s covenant is made with the landlord and the latter can sue on the direct covenant between …
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Wills & Trusts Law Reports | April 2014 #138On 5 June 1996 Mrs Kamhi purchased a lease (the headlease) of a flat in Knightsbridge, London. On 21 November 1997 Mrs Kamhi granted an underlease (the underlease) to Ovalap Nominees Ltd. The underlease was granted without rent or premium being payable. On the same day Mrs Kamhi created by deed a settlement. The trustee was Legis Trust Ltd and the trust property was the underlease. Ovalap entered into the underlease as bare nomiee for Legis Trust Ltd.
On 24 March 2004 Parkside (Knightsbridge) Residents Ltd then granted Mrs Kamhi a new lease over the flat commencing 1 April 2003. ...