The landlord had agreed that its rights in respect of certain hired equipment installed by the tenant would be waived. On the tenant becoming insolvent, the landlord was to allow the owner 28 days to remove it. The parties disputed whether adequate notice had been given.
Held: The appeal was dismissed. The judge had found as a fact that the notice had been given, and nothing had been said to suspend the 28 day period.
Judges:
Arden LJ
Citations:
[2011] EWCA Civ 416
Links:
Jurisdiction:
England and Wales
Citing:
Cited – In Re Friedlander ex parte Oastler CA 1884
Lindley LJ said of the section: ‘The first question is, what is the meaning of the debtors ‘giving notice’ that he has suspended, or is about to suspend, payment of his debts? I think it does not mean mere casual talk; it must be something formal . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant, Insolvency
Updated: 06 September 2022; Ref: scu.432811