The tenant who held numerous meetings of a Turkish Cypriot cultural committee at his flat. The landlord objected that this was carrying n a business and a breach of the Lease.
Held: A leisure activity, hobby, occupation, social duty or other similar activity carried on by a tenant in a dwellinghouse does not amount to the carrying on of a business there unless there is some direct commercial involvement or the use is more than ancillary or subordinate to the residential use. It was a question of degree whether on the one hand, the use of premises was ancillary or subordinate to their residential use and therefore not a breach, or, on the other hand, amounted to carrying on business (in the widest sense) on the premises.
Citations:
(1948) 48 P and CR 166
Jurisdiction:
England and Wales
Cited by:
Cited – Triplerose Ltd v Beattie and Another UTLC 4-Jun-2020
Short term visitor sublets were breach of lease
Landlord and Tenant – Breach of Covenant – covenant against use of flat other than as a private dwelling house and prohibiting use for trade or business – whether breached by use of flat as serviced apartment advertised on internet booking sites – . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 05 December 2022; Ref: scu.651766