000			01470cab a2200181 4500
001			ABS41122
008			090401t xxu||||| |||| 00| 0 eng d
035			_a(Sirsi) u28337
041			_aeng
245			_aPittalis and another v Grant and another
260			_c(1989 28 EG 126-134(5)
350			_a0
490			_aEstates Gazette _v(1989 28 EG 126-134(5)
520			_aCA 10 March 1989 Appeal by Mr and Mrs Pittalis (P) from a cc decision dismissing their action against Mr and Mrs Grant (G) for possession of a flat and mesne profits. The property consisting of a flat and a shop was subject to a long headlease. In 1977 the headlessees granted a tenancy of the flat which became a statutory tenancy in 1980. The remainder of the premises was a business tenancy under Landlord and Tenant Act 1954 Part II . The leasehold interest, after renewal of the lease was surrendered to P, the present landlords. Tenancy of the flat had expired by effluxion of time. Claiming a statutory tenancy G remained in occupation. Cc dismissed P`s action on the ground that Rent Act 1977 s137(3) protected G. In cc, counsel for P, who did not appear in the CA, conceded that the flat was "premises" within s137(3)(a). P appealed, their counsel now arguing a new point that the property was not "premises" within the section. This however was contrary to the rule in Smith v Baker & Son
690			_aLANDLORD AND TENANT-CASE LAW-BUSINESS TENANCIES
942			_n0
948			_c04/03/1997
999			_c19095 _d19095