Cases - Patel v Pirabakaran

Record details

Name
Patel v Pirabakaran
Date
[2006]
Citation
EWCA Civ 685
Legislation
Keywords
Dilapidations case law
Summary

A landlord had granted a tenancy of shop premises with residential accommodation above. The tenant failed to pay rent and so the landlord peaceably re-entered the shop. The landlord then issued proceedings for possession of the flat. The tenant successfully opposed the claim on the basis that the original re-entry into the shop was unlawful under the Protection from Eviction Act 1977. Section 2 of that Act prohibited peaceable re-entry into a premises ‘let as a dwelling’ which the Court of Appeal decided meant ‘let wholly or partly as a dwelling’.