The County Court held that guarantees given by directors of a tenant company under a deed of assignment passed with the reversion to a new registered proprietor as covenants touching and concerning the land, applying Gumland. The guarantors were not discharged from their obligations by subsequent rent deferral agreements and terms of settlement because they had instigated and participated in those variations, applying Williams v Frayne. The Terms of Settlement were not conditional upon appointment of a valuer; rather, clause 11.4 of the original lease operated so that the previously applicable rent continued until a valuer's determination was made, and the landlord was entitled to loss of bargain damages under clause 7.2 of the lease for the period between termination and commencement of a new tenancy.
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