The tenant had allowed his premises to be used for the supply of Class B drugs over many months. Possession was sought under the provision of the Rent Act 1968.
Held: His appeal against a possession order succeeded.
Widgery LJ said: ‘Applying Scrutton LJ’s test, the position in regard to the finding of dangerous drugs on the demised premises I think is simply this: If the drugs are on the demised premises merely because the defendant is there and has them in his or her immediate custody, such as a pocket or a handbag, then I would say without hesitation that that does not involve a ‘using’ of the premises in connection with the offence. On the other hand, if the premises are employed as a storage place or hiding place for dangerous drugs, a conviction for possession of such drugs, when the conviction is illuminated by further evidence to show the manner in which the drugs themselves were located, would I think be sufficient to satisfy the section and come within Case 2.’
Judges:
Widgery LJ
Citations:
[1971] 2 QB 88
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Schneiders and Sons Ltd v Abrahams 1925
The landlord claimed possession of a dwelling house let on a weekly tenancy, saying the tenant had been convicted of using the premises for an unlawful purpose. The tenant had been convicted of handling stolen goods by receiving them at the . .
Cited by:
Cited – PB Investments Ltd v McInnes CA 19-Jun-2007
The defendant was a Rent Act tenant. She was the last remaining tenant in a block of twenty flats which the landlord wished to redevelop. She said that the alternative accommodation offered was unsuitable. She had not co-operated with the claimant . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 23 March 2022; Ref: scu.263957