The appellant had been convicted of unlawfully evicting the respondent. He said that because he slept at the house, he shared the accommodation and so the tenancy was excluded from protection.
Held: Though he had other accommodation, the landlord did sleep at the house, with a sitting room. Where a person slept was a substantial element in deciding what was his main residence. It could not be disregarded, even if it might be temporary.
Judges:
Chadwick, Longmore LLJ
Citations:
Times 06-Nov-2002, Gazette 14-Nov-2002
Statutes:
Protection from Eviction Act 1997 3A(2)
Jurisdiction:
England and Wales
Landlord and Tenant
Updated: 31 May 2022; Ref: scu.178032
