Rights of Subrogation and Non-Payment of Rent Parts 1 and 2

Abstract

Subrogation is an equitable remedy which may arise independently of contract where there exists a primary and secondary liability for the same debt. Although primarily to be found in cases of guarantors and sureties in the context of secured debts and liabilities it has also been used in the landlord and tenant context in favour of original tenants, their assignees and sureties as well as original landlords, In this regard these papers explore how this doctrine has come to operate in our English landlord and tenant law, so as to provide an alternative cause of action and avenue of address for those seeking recompense of financial liabilities incurred.