Business Tenant Can Be Evicted From Residence
Tan and another v Sitkowski [2007] EWCA Civ 30
CA
1 February 2007
Daily Law Notes Summary
A house that was let for mixed business and residential uses did
not entitle the tenant, on ceasing to carry on his business, to
claim protection under the Rent Act 1977 in relation to the
tenancy.
And here is David Swarbrick's version of the case:
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| CA 01 February 2007 Ward LJ, Thomas LJ, Neuberger LJ | Housing - Landlord and Tenant | ||
| The tenant said that he enjoyed Rent Act protection for his tenancy. He had been rehoused and began his tenancy in 1970 with the ground floor used as a shop, and the first floor as living accomodation. He later abandoned the business use. He appealed a finding that he did not have protection under the 1977 Act. Held: Protection under the 1954 Act continued only whilst the premises were being used for business purposes, and once that use ended the protection ended also. The 1977 Act required that to have protection, the premises had to be when originally let, let as a dwelling, and it excluded from protection any premises to which the 1954 Act applied. At the time when it was let, the lease was protected under the 1954 Act which precluded at that time protection under the 1977 Act, and that latter protection could not be acquired later. |    | ||
| Statute(s) referred to: Landlord and Tenant Act 1954 23(1) - Rent Act 1977 | |||
| Judgment Links: Bailii | |||