B occupied a room in a hotel. He sought an injunction to prevent his eviction, arguing first that he was a tenant protected by the Housing Act 1988 and second that he was protected under the Protection from Eviction Act 1977. His application was refused.
Held: His appeal was also dismissed. To claim under the 1988 Act he had to show that he had a tenancy. The facilities provided by the hotel prevented the appellant from demonstrating that he had exclusive possession. Further, he had taken advantage of hotel services. He was therefore a hotel guest booking accommodation at a daily rate. He was a mere licensee. As to the 1977 Act, he would be able to claim its protection as such, but in these particular circumstances, and even as a licensee his occupation was not occupation of a dwelling for the purposes of section 3 of the 1977 Act.
Judges:
Russell LJ
Citations:
[1996] 28 HLR 836
Statutes:
Housing Act 1998, Protection from Eviction Act 1977 3
Jurisdiction:
England and Wales
Housing, Landlord and Tenant
Updated: 27 October 2022; Ref: scu.230376
