Cadogan Estates Ltd v McMahon
Cadogan Estates Ltd v McMahon
- 2001
- Estates Gazette [2001] 06 EG 164-172(8) .
HL 26 October 2000. The appellant M took possession of a 14-year lease of a flat, which was a protected tenancy under the Rent Act 1977. The lease contained a proviso for re-entry allowing the landlord C to re-enter if the tenant became bankrupt. In 1998 M was made bankrupt but his daughter continued to pay the rent. C sought possession under the Rent Act 1977 Sch 15 Part 1 Case 1 stating M was in breach of an obligation not to be made bankrupt. M appealed against the decision of the CA dismissing his appeal against the decision of an order for possession. Appeal dismissed.
RENT ACT 1977 SCH 15 PART 1 CASE 1
STATUTORY TENANCY
GROUNDS FOR POSSESSION
BANKRUPTCY
PROVISO FOR RE-ENTRY
CADOGAN ESTATES LTD V MCMAHON
FORFEITURE
OBLIGATIONS
HL 26 October 2000. The appellant M took possession of a 14-year lease of a flat, which was a protected tenancy under the Rent Act 1977. The lease contained a proviso for re-entry allowing the landlord C to re-enter if the tenant became bankrupt. In 1998 M was made bankrupt but his daughter continued to pay the rent. C sought possession under the Rent Act 1977 Sch 15 Part 1 Case 1 stating M was in breach of an obligation not to be made bankrupt. M appealed against the decision of the CA dismissing his appeal against the decision of an order for possession. Appeal dismissed.
RENT ACT 1977 SCH 15 PART 1 CASE 1
STATUTORY TENANCY
GROUNDS FOR POSSESSION
BANKRUPTCY
PROVISO FOR RE-ENTRY
CADOGAN ESTATES LTD V MCMAHON
FORFEITURE
OBLIGATIONS