Hussain v Singh and others
Hussain v Singh and others
- 1993
- Estates Gazette (1993) 31 EG 75-78(4) .
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
LANDLORD AND TENANT ACT 1987 S48
POSSESSION
QUIET ENJOYMENT
RE-ENTRY
RENT ARREARS
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
LANDLORD AND TENANT ACT 1987 S48
POSSESSION
QUIET ENJOYMENT
RE-ENTRY
RENT ARREARS