000			02501cab a2200349 4500
001			##L134366
008			060731n2006 000 0 eng u
035			_a(Sirsi) u134366
041	0		_aeng
245	0	0	_aRasiah Pirabakaran v Navinchandra Manibhai Patel and another
260			_c2006
520			_a[2006] EWCA Civ 685, 26 May 2006. Concerns the interpretation of the phrase let as a dwelling in the Protection from Eviction Act 1977 s2. Appeal by PI against the decision that his lease of mixed premises - ground floor retail business and first floor residential - had been lawfully forfeited by PA. PI fell in arrears whereupon PA exercised their rights of re-entry in respect of the shop premises. PA issued a claim of possession of the residential premises, still lived in by PI, on the basis that the lease had become forfeit as a result of their re-entry of the shop premises. PI sought an injunction restraining PA from excluding him from either part of the premises contending that the purported lease forfeiture was unlawful under the Protection from Eviction Act 1977 s2. The judge found that the lease had lawfully been forfeited as the demised premises were not let as a dwelling and thus not constrained by s2 of the Act. "Held": appeal allowed. Let as a dwelling in s2 of the Act meant let wholly or partly as a dwelling and so applied to premises let for mixed business and residential premises.
590			_aIKA010806
650	2	4	_aPROTECTION FROM EVICTION ACT 1977 S2
650	2	4	_aPROTECTION FROM EVICTION ACT 1977 S8
650	2	4	_aPROTECTION FROM EVICTION ACT 1977 S3
650	2	4	_aPIRABKARAN V PATEL AND ANOTHER
650	2	4	_aCONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 8
650	2	4	_aHUMAN RIGHTS ACT 1998 S3
650	2	4	_aKAY AND OTHERS V LAMBETH LBC AND ANOTHER
650	2	4	_aCONNORS V UNITED KINGDOM
650	2	4	_aNATIONAL TRUST V KNIPE
650	2	4	_aWELLCOME TRUST LTD V HAMAD
650	2	4	_aCOMMONHOLD AND LEASEHOLD REFORM ACT 2002 S168
650	2	4	_aCOMMONHOLD AND LEASEHOLD REFORM ACT 2002 S167
650	2	4	_aHOUSING ACT 1996 S81
650	2	4	_aRENT ACT 1965 S31
651		4	_aEngland and Wales _y1543-
690			_aPROPERTY-RESIDENTIAL PROPERTY-LEASEHOLD RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL TENANCIES-FORFEITURE OF RESIDENTIAL TENANCIES
856	4	0	_uhttps://www.bailii.org/ew/cases/EWCA/Civ/2006/685.html _zView the judgment free of charge at www.bailii.org...
942			_n0
999			_c77482 _d77482