The question was whether the tenancy agreement was excluded from protection under the 1997 Act. The landlord had occupied rooms in one house, but then sought to occupy the premises let until his children left the other property. His occupation had continued for some ten years: ‘ It seems to me that a place where a person sleeps is of the most enormous importance in determining whether that is his only or principal home. Circumstances might arise where that might not be decisive, but on any view it is a matter which is going to influence a court very considerably. ‘ On the facts, the recorder could only properly have found that the property was the landlord’s ‘only or principal’ residence.
Judges:
Chadwick, Longmore LJJ
Citations:
[2002] EWCA Civ 1581
Links:
Statutes:
Protection from Eviction Act 1997 3A(2)
Jurisdiction:
England and Wales
Landlord and Tenant
Updated: 08 July 2022; Ref: scu.217753
