Greene King v Quisine Restaurants and Nazar Nafie Shasha [2012]

The Court of Appeal held that a guarantor of a lease cannot escape liability because the landlord failed to give him early notice of rent arrears.

Greene King (landlord) agreed to notify Shasha (lessee) if Dite’s (sublessee) rent fell two months into arrears. On Dite falling behind on rent, the landlord failed to notify Shasha.

The court considered the purpose of the notice and noted that Shasha had no actual control over Dite. Further, it would be disproportionate if any failure to give notice released the guarantors completely as there was no absolute obligation to give notice – there was only an obligation to use reasonable endeavours.

It was held that the ‘breach’ by Greene King did not entitle either guarantor to be discharged from their liabilities for sums claimed.


Is ‘Default Judgment’ adequate in determining Service Charge arrears for the purposes of s.81 of the Housing Act 1996?
chace legal

An appeal, decided in the Central London County Court in the case of Church Commissioners for England v. (1) Koyale
Read more…

RTM does not extend to managing the shared estate facilities.
chace legal

Since its introduction by the Commonhold and Leasehold Reform Act 2002, many leaseholders have acquired the right to manage their
Read more…