Baker v Turner: HL 1950

The House set out the conditions for deciding whether rooms within a house were let as a separate dwelling. The time at which it has to be judged whether premises are entitled to protection is when the action is brought.
Lord Porter said that: ‘the rules of formal logic must not be applied . . with too great strictness’ to legislation conferring security of tenure on residential tenants.

Judges:

Lord Porter

Citations:

[1950] AC 401

Jurisdiction:

England and Wales

Cited by:

CitedUratemp 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 . .
CitedKnowsley Housing Trust v White; Honeygan-Green v London Borough of Islington; Porter v Shepherds Bush Housing Association HL 10-Dec-2008
The House considered situations where a secure or assured tenancy had been made subject to a suspended possession order and where despite the tenant failing to comply with the conditions, he had been allowed to continue in occupation.
Held: . .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 06 May 2022; Ref: scu.221450