Not a dog's chance
Not a dog's chance
- 2002
- Estates Gazette (0246) 16 November 2002, 195 (1) .
Considers the legal issues regarding leasehold property let for mixed purposes - business and residential - and whether the tenancy is governed by the Landlord and Tenant Act 1954 Part II (the business code) or by one of the residential statutory codes. The principle that a unilateral cessation of the business use cannot take the tenancy into the residential code has been upheld in a number of CA decisions. Discusses "Tomkins v Basildon DC" [2002] in which a tenant was deemed to have become a secure tenant on the basis that the original lease had been varied only as to use and not been surrendered, a decision overturned however on appeal.
MIXED-USE TENANCIES
LANDLORD AND TENANT ACT 1954 PART II
TOMKINS V BASILDON DC
PROPERTY-LEASEHOLD PROPERTY
RENT ACT 1965
Considers the legal issues regarding leasehold property let for mixed purposes - business and residential - and whether the tenancy is governed by the Landlord and Tenant Act 1954 Part II (the business code) or by one of the residential statutory codes. The principle that a unilateral cessation of the business use cannot take the tenancy into the residential code has been upheld in a number of CA decisions. Discusses "Tomkins v Basildon DC" [2002] in which a tenant was deemed to have become a secure tenant on the basis that the original lease had been varied only as to use and not been surrendered, a decision overturned however on appeal.
MIXED-USE TENANCIES
LANDLORD AND TENANT ACT 1954 PART II
TOMKINS V BASILDON DC
PROPERTY-LEASEHOLD PROPERTY
RENT ACT 1965