Re Palmiero: debtor 3666 of 1999
Re Palmiero: debtor 3666 of 1999
- 1999
- Estates Gazette [1999] 38 EG 195-196(2) .
ChD 28 July 1999. The petitioning landlord peaceably re-entered business premises, demised to the debtor, in reliance on a forfeiture clause in the lease. In connection with a bankruptcy petition, the debtor tenant contended that he had a right to remove tenant's fixtures that he claimed had a value of over £19 000. "Held", the tenant had no right to remove tenant's fixtures. The decision in Pugh v Arton (1869, LR 8Eq 626) was binding. Accordingly the tenant had no counterclaim based on the landlord's refusal to allow him to remove the fixtures.
TENANTS' BANKRUPTCY
PUGH V ARTON
RE PALMEIRO
ChD 28 July 1999. The petitioning landlord peaceably re-entered business premises, demised to the debtor, in reliance on a forfeiture clause in the lease. In connection with a bankruptcy petition, the debtor tenant contended that he had a right to remove tenant's fixtures that he claimed had a value of over £19 000. "Held", the tenant had no right to remove tenant's fixtures. The decision in Pugh v Arton (1869, LR 8Eq 626) was binding. Accordingly the tenant had no counterclaim based on the landlord's refusal to allow him to remove the fixtures.
TENANTS' BANKRUPTCY
PUGH V ARTON
RE PALMEIRO