McDougalls Catering Foods Ltd v BSE Trading Ltd
McDougalls Catering Foods Ltd v BSE Trading Ltd
- 1997
- Estates Gazette [1997] 42 EG 174-180(7) .
CA 2 May 1997. The appellant was surety to an underlease between the respondent landlord and Z. On Z being placed in receivership, the appellant paid the rent. The appellant later refused to pay the rent, contending that by reason of a successful action by the landlord to evict gypsies from the premises under RSC Ord 113 and as the tenant had abandoned the premises, the underlease had been surrendered by operation of law. The appellant appealed after the court below held that there had been no surrender. Held: the appeal was dismissed.
GYPSIES
SURRENDERS BY OPERATION OF LAW
UNDERLEASE
CA 2 May 1997. The appellant was surety to an underlease between the respondent landlord and Z. On Z being placed in receivership, the appellant paid the rent. The appellant later refused to pay the rent, contending that by reason of a successful action by the landlord to evict gypsies from the premises under RSC Ord 113 and as the tenant had abandoned the premises, the underlease had been surrendered by operation of law. The appellant appealed after the court below held that there had been no surrender. Held: the appeal was dismissed.
GYPSIES
SURRENDERS BY OPERATION OF LAW
UNDERLEASE