CA 6 October 1992. The first defendant (S) allowed the plaintiff (H) to occupy a room on the second floor of a building. The second defendant (B) owned a shop on the ground floor. Following an application by H to the fair rent officer he was arrested as an overstayer and taken into custody for two weeks. S changed the locks on the room. H initiated proceedings and regaining entry to the room. He found that certain property have been removed and B had taken possession. The court granted H a permanent injunction allowing his quiet enjoyment of the room and gave judgement against S for damage for interference with his goods. It was also held that B was not entitled to arrears of rent from H. At appeal B contended that Landlord and Tenant Act 1987 s48 was not a defense to the claim for the arrears of rent revised on a counterclaim. The appeal was allowed in part. S48 of the Act does apply to tenancies created or in existance before the Act came into force and the section also applies to