Cadogan Estates Ltd v McMahon
Cadogan Estates Ltd v McMahon
- 1999
- Estates Gazette (9931) 7 August 1999, 92-94(3) .
CA 25 May 1999. Following expiry of a lease granted in 1979, the defendant (M) held the tenancy of a flat owned by the claimant landlords (C). The lease included a proviso for re-entry, in the case of bankruptcy. On 17 March 1998, M was declared bankrupt. In the county court, an order for repossession was made under Rent Act 1977 Sched 15 Case 1. M appealed claiming the proviso was not an obligation within the meaning of the Case and was not part of the statutory tenancy on expiration of the lease. Appeal dismissed.
CA 25 May 1999. Following expiry of a lease granted in 1979, the defendant (M) held the tenancy of a flat owned by the claimant landlords (C). The lease included a proviso for re-entry, in the case of bankruptcy. On 17 March 1998, M was declared bankrupt. In the county court, an order for repossession was made under Rent Act 1977 Sched 15 Case 1. M appealed claiming the proviso was not an obligation within the meaning of the Case and was not part of the statutory tenancy on expiration of the lease. Appeal dismissed.