Area(s) of Law :
Court : Court of Appeal
Source : EWCA Civ 685
R landlord A tenant- lease of premises of shop, with residential flat above- lease protected by Part II Landlord and Tenant Act 1954- R exercised right of re-entry for non-payment of rent- locks on shop changed- access to flat by separate door- possession proceedings taken in respect of flat- A charged with criminal damage to flat, and R changed the locks- A sought injunction to restrain R from excluding him from the flat- A argued forfeiture of shop unlawful, as prohibited by s.2 Protectoin from Eviction Act 1977- question whether premises which were partly commercial and partly residential were “let as a dwelling” for the purposes of the Act- J decided not and, in light of the criminal damage, refused relief from forfeiture- tenant appealed:-
Held: Appeal allowed. “let as a dwelling” meant let wholly or partly as a dwelling. This was the effect of s.31 Rent Act 1965, which was the precursor to s.2 Protection from Eviction Act 1977. Moreover, where there was an issue as to whether a tenant might or might not be entitled to relief from forfeiture in respect of his home, it was better that this issue should be decided before rather than after eviction.
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