Termination when tenant’s guarantor made bankrupt part II

  • Author : Samuel Hopper - 23-03-2012

For those who were interested in my previous post on this topic here, Robert Hay has just added another post to his blog that expands on the topic here.

Robert's post details a NSW Supreme Court decision in which it was found that a right of re-entry on account of the tenant being placed into liquidation should be construed as a form of breach requiring service of a notice under the NSW equivalent of s 146 of the Property Law Act.

Robert's excellent analysis reinforces that it remains prudent to serve a s 146 notice on a tenant when relying on the tenant's bankruptcy or insolvency as a default event.

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Samuel Hopper

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