Norris v Checksfield
Norris v Checksfield
- 1991
- All England Law Reports 1991 All ER 327-334(8) .
CA 17 October 1991. An appeal by tenant Checksfield (C) against a possession order awarded to N for a bungalow occupied in return for services to his employer. C argued that an employee occupying premises not beneficial directly to his occupation was a protected tenant rather than a mere licencee and that a service occupancy was a periodic licence in respect of which requirements as to the giving of notice in Protection of Eviction Act 1977 s5(1A)a applied. Held firstly that exclusive occupation of an employer`s residential premises by an employee in anticipitation that the employees work would at some time be beneficial to his employer created a licence not a tenancy. Secondly, termination of a licence which ended with termination of employment did not have to comply with s(1) of the 1971 Act since employment is not a periodic licence. Possession order upheld; appeal dismissed. Leave to appeal to the House of Lords refused.
LICENCES
POSSESSION
PROTECTED TENANCIES
PROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL TENANCIES
CA 17 October 1991. An appeal by tenant Checksfield (C) against a possession order awarded to N for a bungalow occupied in return for services to his employer. C argued that an employee occupying premises not beneficial directly to his occupation was a protected tenant rather than a mere licencee and that a service occupancy was a periodic licence in respect of which requirements as to the giving of notice in Protection of Eviction Act 1977 s5(1A)a applied. Held firstly that exclusive occupation of an employer`s residential premises by an employee in anticipitation that the employees work would at some time be beneficial to his employer created a licence not a tenancy. Secondly, termination of a licence which ended with termination of employment did not have to comply with s(1) of the 1971 Act since employment is not a periodic licence. Possession order upheld; appeal dismissed. Leave to appeal to the House of Lords refused.
LICENCES
POSSESSION
PROTECTED TENANCIES
PROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL TENANCIES