The respondent had taken a tenancy of premises from the local authority. The ground floor was for use as a shop, and the first was residential. He had previously taken a licence and had refurbished the premises. The authority sold the freehold to the claimant, who now sought possession through forfeiture. The defendant sought relief and asserted that he himself had a contract to purchase the property from the authority. The court had found it to be a business tenancy, and that since the defendant could not afford to discharge the arrears within two years, possession was ordered. The defendant appealed claiming protection as an assured residential tenant. The landlord now appealed.
Held: The tenancy was a business tenancy. As soon as a significant part of the premises was let for business purposes as was undoubtedly the case here, the tenancy was regulated by the 1954 Act, and could not be an assured tenancy.
Judges:
Sir Anthony Clarke MR, Lloyd LJ, Leveson LJ
Citations:
Times 04-Jan-2007, [2006] EWCA Civ 1709
Links:
Statutes:
Landlord and Tenant Act 1954 Part II
Jurisdiction:
England and Wales
Citing:
Cited – Barton v Fincham CA 1921
Where the court lacks jurisdiction, jurisdiction cannot be conferred merely by the consent of the parties. Atkin LJ said: ‘but apart from such an admission the Court cannot give effect to an agreement, whether by way of compromise or otherwise, . .
Cited – Norwich Union Life Insurance Society v Low Profile Fashions Ltd CA 1952
The landlord claimed for arrears of rent. The tenancy had been assigned quickly three times. The tenant argued that the landlord should be restrained from pursuing a remedy against the original tenant when, with the new alternative remedies against . .
Cited – Hussain v Mehlman CC 5-Mar-1992
(County Court) The defendant landlord granted the plaintiff a three year assured shorthold tenancy. He now appealed a finding that he was in breach of an implied covenant to maintain the space heating, and otherwise. The tenant had returned the . .
Cited – Reichman and Another v Beveridge CA 13-Dec-2006
The defendants were tenants of the claimant. They vacated the premises and stopped paying the rent. The claimant sought payment of the arrears of rent. The defendants said that the claimants should have taken steps to reduce their damages by seeking . .
Cited – Jervis v Harris CA 9-Nov-1995
A provision in the lease obliged a tenant to carry out repairs and provided that if he did not do so, the landlord might do the repairs and recover from the tenant the costs and expenses of doing so.
Held: The provision was not a penalty. The . .
Cited – White and Carter (Councils) Ltd v McGregor HL 6-Dec-1961
Contractor not bound to accept Renunciation
Mr McGregor contracted with the appellants for them to display advertisements for three years on litter bins. The contract was made on his behalf by an employee, without specific authority. On the day it was made, he sought to cancel the contract. . .
Cited – Cheryl Investments v Saldanha CA 1978
Protection was sought under the 1954 Act for premises where the relevant occupation was partly residential and partly for the purposes of a business.
Held: The Act will apply so long as the business activity is a significant purpose of . .
Cited – Pirabakaran v Patel and Another CA 26-May-2006
The landlord had wanted possession. The tenant said that the landlord had been harassing him. The landlord said that the tenancy was a mixed residential and business tenancy and that the 1977 Act did not apply.
Held: The 1977 Act applied. A . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 12 December 2022; Ref: scu.247481