CA 13 December 1988. Appeal by tenants (W) from cc decision refusing a declaration that they were secure tenants of a dwelling house under Housing Act 1985 s79(1) and had a right to buy the freehold under s118(1). The cc held that at the date of the grant of the lease, 17 September 1965, the subject house was not "let as a separate dwelling" within s79(1). W appealed. In 1965 the house was let expressly for mixed residential and business use, there being a covenant in the lease. W submitted that the phrase "let as a separate dwelling" covered a mixed residential and business tenancy. CA rejected his submission. Under the earlier statutes there was no specific protection for business tenancies and a tenancy for mixed residential and business use did not lose the protection of the Rent Acts by reason of the business factor. The position now was different, as explained in Cheryl Investments Ltd v Saldanha and applied in Henry Smith`s Trustees Charity v Wagle (See Abstract ). Therefore,