Henry Smith`s Charity Trustees v Wagle and Another
Henry Smith`s Charity Trustees v Wagle and Another
- 1989
- Estates Gazette (1989) 11 EG 75-80(4) .
CA 23 November 1988 Appeal by the tenants (W) against a cc decision that their lease was not a protected tenancy within the Rent Act 1977 . The premises had been let as, and for some years used as, an artist`s studio , i.e. for professional or business purposes, but since 1977 had been used solely as a residence. W argued that a tenancy which ceased to be within Landlord and Tenant Act 1954 Part II ceased to be excluded from the definition of `regulated tenancy` in the Rent Act; it was already within the `protected tenancy` unless so excluded. CA held rejecting appeal, that W`s submissions were supported by the statutory provisions and cases up to 1957, and possibly 1965, The meaning of the phrase "let as a separate dwelling" had since contracted and no longer included partial use for business.
BUSINESS TENANCIES
CA 23 November 1988 Appeal by the tenants (W) against a cc decision that their lease was not a protected tenancy within the Rent Act 1977 . The premises had been let as, and for some years used as, an artist`s studio , i.e. for professional or business purposes, but since 1977 had been used solely as a residence. W argued that a tenancy which ceased to be within Landlord and Tenant Act 1954 Part II ceased to be excluded from the definition of `regulated tenancy` in the Rent Act; it was already within the `protected tenancy` unless so excluded. CA held rejecting appeal, that W`s submissions were supported by the statutory provisions and cases up to 1957, and possibly 1965, The meaning of the phrase "let as a separate dwelling" had since contracted and no longer included partial use for business.
BUSINESS TENANCIES