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Re Palmiero: debtor 3666 of 1999

Series: Estates Gazette ; [1999] 38 EG 195-196(2)Publication details: 1999Subject(s): Summary: 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.
Holdings
Item type Current library Call number Copy number Status Barcode
Journal article London Journal article ABS61235 (Browse shelf(Opens below)) 1 Available 101839-1001

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.