RVB Investments Ltd v Bibby
The surety's obligations under the leases survived tenant's dissolution and disclaimer, as neither surrender nor landlord's possession was established; specific performance is granted for execution of new lease at original rent, and landlord is entitled to sums claimed.
- Parties
- Claimant: RVB Investments Limited; Defendant: Alastair Roderick Bibby
- Jurisdiction
- England and Wales
- Judgment Date
- 25 January 2013
- Procedural Posture
- Civil / Judgment
- Outcome
- Claim succeeds; landlord entitled to specific performance and sums claimed.
- Legal Topics
- Surety Liability, Disclaimer of Lease, Specific Performance, Surrender by Operation of Law, Rent Review, Landlord and Tenant (covenants) Act 1995
Case Brief
Summary, issues, holding and outcome
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Parties
RVB Investments Limited
Claimant
Alastair Roderick Bibby
Defendant
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Whether the surety's obligations ended upon tenant's dissolution or disclaimer
- 2 Whether the leases were surrendered or forfeited
- 3 Effect of disclaimer by liquidator or Crown on surety liability
Ratio Decidendi
The surety's obligations under the leases survived tenant's dissolution and disclaimer, as neither surrender nor landlord's possession was established; specific performance is granted for execution of new lease at original rent, and landlord is entitled to sums claimed.
Court Disposition
Claim succeeds; landlord entitled to specific performance and sums claimed.
Orders
- Specific performance requiring surety to execute new lease of Unit 2 at £78,000 p.a.
- Payment of agreed rent and service charges for Units 2 and 4 (£528,002.22).
Full Case Text
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