Cadogan Estates Ltd v McMahon: CA 9 Jun 1999

A provision in a tenancy agreement that the tenancy would cease upon the bankruptcy of the tenant, continued and became part of the terms of a statutory tenancy following the contractual one. The provision was not inconsistent with the idea of the statutory tenancy, and the term was implied into the statutory tenancy.

Judges:

Stuart-Smith and Laws L.JJ. and Jonathan Parker J.)

Citations:

Times 01-Jun-1999, Gazette 03-Jun-1999, Gazette 09-Jun-1999, [1999] EWCA Civ 1470, [1999] 1 WLR 1689, [1999] L and TR 481

Links:

Bailii

Statutes:

Rent Act 1977 98(1)

Jurisdiction:

England and Wales

Cited by:

Appeal fromCadogan 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 . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Housing, Insolvency

Updated: 21 January 2023; Ref: scu.78822