CA 10 March 1989 Appeal by Mr and Mrs Pittalis (P) from a cc decision dismissing their action against Mr and Mrs Grant (G) for possession of a flat and mesne profits. The property consisting of a flat and a shop was subject to a long headlease. In 1977 the headlessees granted a tenancy of the flat which became a statutory tenancy in 1980. The remainder of the premises was a business tenancy under Landlord and Tenant Act 1954 Part II . The leasehold interest, after renewal of the lease was surrendered to P, the present landlords. Tenancy of the flat had expired by effluxion of time. Claiming a statutory tenancy G remained in occupation. Cc dismissed P`s action on the ground that Rent Act 1977 s137(3) protected G. In cc, counsel for P, who did not appear in the CA, conceded that the flat was "premises" within s137(3)(a). P appealed, their counsel now arguing a new point that the property was not "premises" within the section. This however was contrary to the rule in Smith v Baker & Son