Barracks were leased for police purposes to a receiver for the Royal Ulster Constabulary. On expiry the landlord moved for possession. The tenant resisted, citing legislation enacted to protect tenants of houses from disturbance in their occupation. He claimed to enjoy possession or occupation of the barracks.
Held: Occupation means actual physical enjoyment. The defence was rejected. Housing let for the public service and occupied by public servants was not a dwelling for the purposes of the Rent Acts and that policemen in police barracks, patients in hospital and inmates in a gaol could not claim security of tenure.
Moore, Andrews LJJ
[1925] NI 79
Northern Ireland
Cited by:
Cited – ZH and CN, Regina (on The Applications of) v London Boroughs of Newham and Lewisham SC 12-Nov-2014
The court was asked whether the 1977 Act required a local authorty to obtain a court order before taking possession of interim accommodation it provided to an apparently homeless person while it investigated whether it owed him or her a duty under . .
Lists of cited by and citing cases may be incomplete.
Updated: 06 September 2021; Ref: scu.554542
