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 of the Landlord and Tenant Act 1954, T did not apply for a new tenancy under s.29 of the Act, but contended instead that he had never run a business from the premises and was accordingly a residential tenant and protected by the Rent Act 1977 . The judge decided upon all the evidence that T had for a material and significant time up to the issue of proceedings occupied the shop for business purposes; and he accordingly made an order for possession of the demised premises. On appeal T argued, inter alia, that possession should not in any event have been ordered of the accommodation above the shop.

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