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Not a dog's chance

Series: Estates Gazette ; (0246) 16 November 2002, 195 (1)Publication details: 2002Subject(s): Summary: 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.
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News article London News article WB3843-10 (Browse shelf(Opens below)) 1 Available 120539-1001

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.