The tenant sought protection under the 1954 Act for his lease of premises which he only occupied during the seasonal periods: they were closed and empty in the winter and only used in the summer.
Held: That was sufficient to create a protected tenancy, though a mere intention to resume occupation if a tenant get a new tenancy will not preserve the continuity of the business user if the thread has once been definitely broken.
Citations:
[1958] 1 WLR 1076
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – I and H Caplan Limited v Caplan No. 2 ChD 1963
For some months whilst the tenants’ right to a new tenancy was being litigated they had ceased trading and had vacated the premises. They then succeeded before the Court of Appeal and started trading from the premises afresh. Their protection under . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 13 May 2022; Ref: scu.216545