Basch v Stekel & Anor [2000] EWCA Civ 3033 (25 July 2000)

Basch v Stekel & Anor [2000] EWCA Civ 3033 (25 July 2000)

The obligations of the guarantor under the lease survived his death and were enforceable against his estate; there was no intention in the lease to restrict the general law; the disclaimer of the lease by the liquidator did not release the guarantor's estate from liability; the landlord's conduct did not amount to...

Source-derived case information.

Citation
[2000] EWCA Civ 3033
Parties
Appellant/landlord: Jack Basch; Respondents/executors: Ronald Stekel and Sullamith Reif (as personal representatives of Edmund Stekel, deceased)
Jurisdiction
England and Wales
Judgment Date
25 July 2000
Procedural Posture
Appeal / Judgment on Appeal From Central London County Court
Outcome
Appeal allowed; judgment for the appellant for rent; no order for insurance or rates; costs of appeal to appellant; no order for costs below.
Legal Topics
Survival of Guarantee Obligations, Disclaimer of Lease, Liability of Personal Representatives, Specific Performance, Damages for Breach of Covenant
Landlord and Tenant Contract Law Insolvency Survival of Guarantee Obligations Disclaimer of Lease Liability of Personal Representatives Specific Performance Damages for Breach of Covenant

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Parties

Jack Basch

Appellant/landlord

Ronald Stekel and Sullamith Reif (as personal representatives of Edmund Stekel, deceased)

Respondents/executors

Procedural Posture

Appeal / Judgment on Appeal From Central London County Court

Legal Issues

  1. 1 Does the obligation of a guarantor under a lease survive his death and bind his estate?
  2. 2 Does the disclaimer of a lease by a liquidator release the guarantor's estate from liability?
  3. 3 Does the landlord's conduct amount to an election or retaking possession, ending liability under the old lease?

Ratio Decidendi

The obligations of the guarantor under the lease survived his death and were enforceable against his estate; there was no intention in the lease to restrict the general law; the disclaimer of the lease by the liquidator did not release the guarantor's estate from liability; the landlord's conduct did not amount to an election or retaking possession so as to end liability under the old lease.

Court Disposition

Appeal allowed; judgment for the appellant for rent; no order for insurance or rates; costs of appeal to appellant; no order for costs below.

Orders

  • Judgment for rent from 25 March 1998 to 22 October 1999 (£19,537.78) with interest under County Courts Act rate.
  • No order for payment of insurance moneys or rates, subject to possible agreement within 7 days.