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’.