R - Rights of guarantor
10/7/14
SCHRODER EXEMPT PROPERTY UNIT TRUST v BIRMINGHAM CITY COUNCIL [2014] EWHC 2207 (Admin)
Once a liquidator had disclaimed a lease, the landlord had the right to immediate possession and was the owner of the unoccupied property for the purpose of liability for non-domestic rates. The position is not affected by any right which a guarantor may have to call for an overriding lease under s 19 of the Landlord & Tenant Covenants Act 1995 if the guarantor has not exercised that right.
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