Is flat above shop residential or commercial?

Kent Coast Property Investments v Ward [1990] 45 E.G. 107 Abstract: Where a demise consisted of a corner shop with accommodation above, and the shop was found to have been occupied for the purposes of a business, the entire demise was subject to the Landlord and Tenant Act 1954 Part II . T was tenant of premises which had the appearance of a corner shop with accommodation over. When L purported to give T notice of the termination under Part II...

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Tenant moves to another property, is he still protected by Rent Act?

Goringe v Twinsectra (CC (Staines)) County Court (Staines) 20 April 1994 [1994] C.L.Y. 2723 Abstract: T had resided in premises with H under a contractual tenancy since 1960. H became a statutory tenant of the premises, paying a monthly rent to the landlord. T succeeded to the statutory tenancy of the premises on H’s death in 1977. In April 1989, T agreed with the landlord to move into other premises belonging to the landlord. In February...

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Succession on death of tenant

Tenants who have protection under the Rent Act 1977 are very well protected and there are extremely rare occasions when a landlord is able to seek possession. In addition, the rents on this type of tenancy are heavily controlled and generally no where near to market values. It was the case that members of the tenants family could “succeed” to the tenancy. The Housing Act 1988 made changes to succession rights, which though still...

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Seeking possession based on rent arrears (Rent Act tenancy)

Introduction A Rent Act Tenancy is technically either a “Protected Tenancy” or a “Statutory Tenancy”. Collectively they are known as “Regulated Tenancies” [s18]. As long as it is in existence, a protected tenancy is contractual in nature (sometimes called common-law in nature). Virtually all Regulated Tenancies when first granted are a Protected Tenancy. A Statutory tenancy arises when the protected tenancy...

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Requirement of occupation

Cases on the Rent Act 1977 do not come up so often these days. Under that Act a person with protection starts out, under the contractual tenancy, as a “protected tenant”. If the landlord wishes to recover possession the landlord must determine the protected tenancy by a notice to quit (assuming that it is a periodic tenancy). This then gives rise to a statutory tenancy. The landlord will only be entitled to possession if he can prove...

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