Legal News

High Court confirms a tenant cannot assign to its guarantor

High Court confirms a tenant cannot assign to its guarantor
Published on: 17 March 2016
Published by: LexisPSL
  • High Court confirms a tenant cannot assign to its guarantor
  • Original news
  • What is the law in this area?
  • What did the High Court decide?
  • Morgan J’s talk to the Property Bar Association
  • Tindall Cobham—the operation of LT(C)A 1995, s 25
  • Reasoning of the High Court
  • Result of the conclusion
  • What are the implications of the decision?

Article summary

Property analysis: The High Court has approved the obiter dictum in K/S Victoria Street—a tenant cannot assign to its guarantor. This is prohibited under the Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) or take a trial to read the full analysis.

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