Phaik Seang Tan and another v. Julian Sitkowski (Record no. 78380)

MARC details
000 -LEADER
fixed length control field 03050cab a2200217 4500
001 - CONTROL NUMBER
control field L136634
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 070213n2007 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u136634
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title Phaik Seang Tan and another v. Julian Sitkowski
Medium [electronic resource]
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2007
520 ## - SUMMARY, ETC.
Summary, etc. [2007] EWCA Civ 30, 1 February 2007. The applicant tenant Sitkowski applied for permission to appeal against a decision in possession proceedings brought against him by the respondent landlords (Tan). Sitkowski had been granted a tenancy of the premises in 1970 by the local authority. He used the ground floor for his business and used the first floor as a residence with his family. In 1989, he ceased using the ground floor for his business. In 1990, Tan became Sitkowski's landlords and in 2003 served various notices to quit on him, at least one of which was effective to terminate his tenancy. The possession proceedings were determined against him, and although he refused permission to appeal the judge expressed concern over one issue. When he was granted his tenancy in 1970, it enjoyed the protection of the Landlord and Tenant Act 1954 Part II, since he occupied part of the premises for business purposes. From 1989, the 1954 Act no longer applied to the tenancy. Sitkowski contended that, since he no longer used part of the premises for business use, the Rent Act 1977 S24(3) no longer applied, so that he enjoyed the protection of the 1977 Act. He submitted that, by the time the notice to quit expired in 2004, he was a protected tenant, and therefore became a statutory tenant on the expiry of the notice to quit. Tan contended that there was authority binding on the court that, if a tenancy was granted for mixed business and residential use, and was accordingly subject to the 1954 Act, the tenant could not, simply by unilaterally ceasing the business use, arrogate to himself protection under the 1977 Act; in such a case, the tenancy in question was not to be treated as being one of "a separate dwelling" within the 1977 Act S1. Sitkowski argued in the alternative that, even if his tenancy could not be treated as a letting of "a separate dwelling" from or before 1989, it had become such a tenancy by the time the notice to quit expired, and accordingly he was nonetheless entitled to claim a statutory tenancy. "Held": permission to appeal was granted but the appeal was dismissed. Tan did not know of the cesser of business use and had always assumed the tenancy was within the 1954 Act. The judge had been right to conclude that the nature of the tenancy did not change, so as to bring it within the 1977 Act.
590 ## - LOCAL NOTE (RLIN)
Local note KA
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element PHAIK SEANG TAN AND ANOTHER V JULIAN SITKOWSKI
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LANDLORD AND TENANT ACT 1954
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element RENT ACT 1977
651 #4 - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME
Geographic name England
Chronological subdivision 886-
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element PROPERTY-COMMERCIAL PROPERTY-COMMERCIAL LANDLORD AND TENANT
856 40 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWCA/Civ/2007/30.html">https://www.bailii.org/ew/cases/EWCA/Civ/2007/30.html</a>
Public note View the decision free of charge at www.bailii.org...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     Virtual Virtual Online 13/02/2007   ONLINE PUBLICATION 136634-1001 06/08/2019 1 06/08/2019 Law report