The court faced ‘a jury question to be determined by applying ordinary common sense’. And ‘The question posed and to be answered by ordinary commonsense standards, is whether the particular premises are in the personal occupation of the tenant as the tenant’s ‘home”
‘The word ‘home’ itself is not easy of exact definition, but the question posed, and to be answered by ordinary common sense standards, is whether the particular premises are in the personal occupation of the tenant as the tenant’s home, or, if the tenant has more than one home, as one of his homes. Occupation merely as a convenience for . . occasional visits . . would not, I think, according to the common sense of the matter, be occupation as a ‘home’.’
Evershed MR
[1953] 1 QB 570
England and Wales
Cited by:
Cited – Kerr v Stephens CA 15-Feb-2006
The claimant sought a declaration that she had inherited her mother’s stautory tenancy in 1987. She alleged encroachment by the landlord and a failure to repair. The landlord denied that she actually lived there so as to attract the protection of . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 10 December 2021; Ref: scu.240403