000 01558cab a2200193 4500
001 ABS38300
008 090401t1987 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u9861
041 _aeng
245 _aPaterson v Aggio and another
260 _c1987
350 _a0
490 _aEstates Gazette
_v284(6357) 24 October 1987, 508-511(2)
520 _aCA 31 July 1987. Appeal by tenants (A) against cc decision granting an order for possession to the landlord (P) of a house let to A. Possession was granted on the basis that the tenancy was a shorthold tenancy under the Housing Act 1980 s52 . A contended that their tenancy was not within the provision of s52 and that they were accordingly entitled to the protection of the Rent Act 1977 . At issue were the terms of the tenancy agreement, which contained the usual proviso for re-entry or forfeiture for non-payment of rent or breach of any other obligation of the tenancy. The agreement contained a stipulation " or if the tenant... shall become bankrupt or enter into any composition with his creditors or if the premises should be left vacant or unoccupied for more than 21 days". A contended that this did not comply with s52, submitting that there was no "obligation" (as required by law) in the agreement not to become bankrupt; instead of imposing an obligation the clause merely referred
650 _aPROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL TENANCIES
690 _aLANDLORD AND TENANT-CASE LAW-RESIDENTIAL TENANCIES
942 _n0
948 _c04/03/1997
999 _c6204
_d6204