The defendant pleaded in answer to a charge of assault that he was being disturbed in his possession of land.
Held: It was not suficient to sustan the plea by proof that the defendant was a lodger occupying only one room in a house of which the landlord retained the key to the outside door. Lord Abinger: ‘a room within a house may be a dwelling-house or it may not.’ Parke B said that the term domus mansionalis in law refers ‘to a chamber under certain circumstances, viz when a house is divided into several chambers, with separate outer doors.’
Judges:
Parke, B, Lord Abinger
Citations:
(1839) 4 M and W 569, [1839] EngR 169, (1839) 4 M and W 567, (1839) 150 ER 1546
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Uratemp Ventures Limited v Collins HL 11-Oct-2001
Can a single room within a hotel comprise a separate dwelling within the 1988 Act and be subject to an assured tenancy?
Held: A single room can be a dwelling. Each case must be interpreted in its own light as a question of fact, but respecting . .
Lists of cited by and citing cases may be incomplete.
Torts – Other
Updated: 18 July 2022; Ref: scu.183437