Cadogan Estates Ltd v McMahon
Cadogan Estates Ltd v McMahon
- 2000
- Weekly Law Reports [2000] 3 WLR 1555-1571(9) .
HL 2 & 26 October 2000. M was the tenant of a flat owned by C The lease contained a proviso allowing C right of re-entry if M became bankrupt. The lease expired and M remained in the flat under a statutory tenancy pursuant to the Rent Act 1977. M became bankrupt and C sought an order for possession under the Rent Act 1977 s3(1). M appealed. "Held", appeal dismissed. The proviso granting C re-entry if M became bankrupt was an obligation of the previous protected tenancy, applicable to the statutory tenancy and consistent with the terms of the Rent Act 1977. Decision of CA [1999] 1 WLR 1689 (ABS61401) upheld.
PROVISO FOR RE-ENTRY
CADOGAN ESTATES LTD V MCMAHON
STATUTORY NUISANCE
SECURITY OF TENURE
RENT ACT 1977 S3(1)
OBLIGATIONS
BANKRUPTCY
HL 2 & 26 October 2000. M was the tenant of a flat owned by C The lease contained a proviso allowing C right of re-entry if M became bankrupt. The lease expired and M remained in the flat under a statutory tenancy pursuant to the Rent Act 1977. M became bankrupt and C sought an order for possession under the Rent Act 1977 s3(1). M appealed. "Held", appeal dismissed. The proviso granting C re-entry if M became bankrupt was an obligation of the previous protected tenancy, applicable to the statutory tenancy and consistent with the terms of the Rent Act 1977. Decision of CA [1999] 1 WLR 1689 (ABS61401) upheld.
PROVISO FOR RE-ENTRY
CADOGAN ESTATES LTD V MCMAHON
STATUTORY NUISANCE
SECURITY OF TENURE
RENT ACT 1977 S3(1)
OBLIGATIONS
BANKRUPTCY