Brown v Myerson: CA 21 Jul 1998

The claimant let a house to the defendant under an assured shorthold tenancy. In breach of condition, the defendant operated her licensed conveyancer’s business from the premises. Under an associated arrangement land was let to the defendant for her horses. On a possession action, the defendant asserted that the letting was a business tenancy protected under the 1954 Act, and also claimed for improvements and counterclaimed for damages for nuisance caused by rats. The judge had found a surrender and regrant, but there had been no acquiescence in the business operation.
Held: The defendant had not made out any sufficient grounds of appeal, and leave to appeal was refused.
[1998] EWCA Civ 1253
Landlord and Tenant Act 1954, Housing Act 1985 11
England and Wales

Updated: 06 May 2021; Ref: scu.144732