D J Crocker Securities (Portsmouth) Ltd v Johal
D J Crocker Securities (Portsmouth) Ltd v Johal
- 1989
- Estates Gazette (1989) 22 EG 103-104(2) .
CA 12 April 1989. An appeal by J, against a decision granting possession of a flat to C, who claimed J was not a statutory tenant within the Rent Act 1977 s2 and s3. J came to the UK in 1971 to study, occupied the flat until 1977, when he married and returned to Malaysia. From 1980, J or his wife made short visits to the UK and occupied the flat until 1985. A relative also visited the flat to ensure everything was alright. In 1985, J`s niece came to the UK to study and lived in the flat and had a number of sub-tenants over the next three years. C brought the above action. J appealed. Held, dismissing the appeal, that having regard to the very limited extent to which J used the flat, and that his home and work place were established in Malaysia, he could not be regarded as residing at the premises in question as his residence, or as his home. Appeal dismissed.
CA 12 April 1989. An appeal by J, against a decision granting possession of a flat to C, who claimed J was not a statutory tenant within the Rent Act 1977 s2 and s3. J came to the UK in 1971 to study, occupied the flat until 1977, when he married and returned to Malaysia. From 1980, J or his wife made short visits to the UK and occupied the flat until 1985. A relative also visited the flat to ensure everything was alright. In 1985, J`s niece came to the UK to study and lived in the flat and had a number of sub-tenants over the next three years. C brought the above action. J appealed. Held, dismissing the appeal, that having regard to the very limited extent to which J used the flat, and that his home and work place were established in Malaysia, he could not be regarded as residing at the premises in question as his residence, or as his home. Appeal dismissed.