Rasiah Pirabakaran v Navinchandra Manibhai Patel and another
Language: English Publication details: 2006Subject(s):- PROTECTION FROM EVICTION ACT 1977 S2
- PROTECTION FROM EVICTION ACT 1977 S8
- PROTECTION FROM EVICTION ACT 1977 S3
- PIRABKARAN V PATEL AND ANOTHER
- CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 8
- HUMAN RIGHTS ACT 1998 S3
- KAY AND OTHERS V LAMBETH LBC AND ANOTHER
- CONNORS V UNITED KINGDOM
- NATIONAL TRUST V KNIPE
- WELLCOME TRUST LTD V HAMAD
- COMMONHOLD AND LEASEHOLD REFORM ACT 2002 S168
- COMMONHOLD AND LEASEHOLD REFORM ACT 2002 S167
- HOUSING ACT 1996 S81
- RENT ACT 1965 S31
- England and Wales -- 1543-
- PROPERTY-RESIDENTIAL PROPERTY-LEASEHOLD RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL TENANCIES-FORFEITURE OF RESIDENTIAL TENANCIES
| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 134366-2001 |
[2006] EWCA Civ 685, 26 May 2006. Concerns the interpretation of the phrase let as a dwelling in the Protection from Eviction Act 1977 s2. Appeal by PI against the decision that his lease of mixed premises - ground floor retail business and first floor residential - had been lawfully forfeited by PA. PI fell in arrears whereupon PA exercised their rights of re-entry in respect of the shop premises. PA issued a claim of possession of the residential premises, still lived in by PI, on the basis that the lease had become forfeit as a result of their re-entry of the shop premises. PI sought an injunction restraining PA from excluding him from either part of the premises contending that the purported lease forfeiture was unlawful under the Protection from Eviction Act 1977 s2. The judge found that the lease had lawfully been forfeited as the demised premises were not let as a dwelling and thus not constrained by s2 of the Act. "Held": appeal allowed. Let as a dwelling in s2 of the Act meant let wholly or partly as a dwelling and so applied to premises let for mixed business and residential premises.