In re Drew (A Bankrupt): 1929

(Ireland) A tenant subject to a re-entry clause in his tenancy agreement in the case of his being made bankrupt, and who had gone bankrupt had broken an obligation of his tenancy. He was not protected from an order for possession. ‘The tenant here has broken one of the conditions of his tenancy by allowing himself to be adjudicated a bankrupt, and therefore he is no longer entitled to possession, even as a statutory tenant.’

Judges:

Johnston J

Citations:

[1929] IR 504

Jurisdiction:

England and Wales

Cited by:

CitedCadogan Estates Limited v McMahon HL 26-Oct-2000
When a tenancy was terminated and was followed by a statutory tenancy, a term in the contractual tenancy that the tenancy should be forfeit on the tenant’s bankruptcy was continued in and inherited by the statutory tenancy. Though perhaps in . .
CitedPaterson v Aggio CA 1987
The Court considered whether a tenancy was a ‘protected shorthold tenancy’ within the meaning of section 52 of the Housing Act 1980 and therefore excluded from the protection of the Rent Act 1977.
Held: A power to forfeit within the minimum . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Insolvency

Updated: 25 November 2022; Ref: scu.196908