Katana and Another v Catalyst Communities Housing Ltd: CA 28 Jan 2010

The defendants sought leave to appeal against an order for possession. The landlords were to sell the property to a housing association and let the property to tenants for three months and thereafter terminable on one month’s notice. The tenant had sublet parts of the premises to others (including the defendants) on long leases. Those sub-tenants sought the protection of the 1954 Act.


Patten LJ


[2010] EWCA Civ 370, [2010] 26 EG 92, [2010] 2 EGLR 21




Landlord and Tenant Act 1954


England and Wales


CitedD’Silva v Lister House Development Ltd 1970
Even an unlawful sub-tenancy can have protection under Part II of the 1954 Act. The court described as fallacious the submission that section 74(1) does not extend to or answer the question whether the document has ever been delivered, saying: ‘The . .
CitedJavad v Aqil CA 15-May-1990
P in possession – tenancy at will Until Completion
A prospective tenant was allowed into possession and then made periodic payments of rent while negotiations proceeded on the terms of a lease to be granted to him. The negotiations broke down.
Held: The tenant’s appeal failed. It was inferred . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 03 September 2022; Ref: scu.430472