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Cadogan Estates Ltd v McMahon

Series: Estates Gazette ; (9931) 7 August 1999, 92-94(3)Publication details: 1999Subject(s): Summary: 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.
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Journal article London Journal article ABS61122 (Browse shelf(Opens below)) 1 Available 101687-1001

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.