Property Law – Broadway Investments Ltd v. Grant [2006]

01 Jan 2006

Area(s) of Law :
Property Law
Court :
Source : EWCA Civ

Mixed business and residential use

BI Ltd appellants  (A) acquired freehold of premises occupied by G (R)- basement, ground floor and first floor- ten year lease from 1995- described as “shop premises”- permitted use in lower part, sale of fish- R occupied upper part as his home- started selling from shop premises in 2000- lease contained covenants, inter alia, to keep shop open in normal shop hours- initial rent £1000- raised to £8100 in 2003- arrears of £25,000 in 2005- A sought possession- order made on basis R a business tenant- R appealed on basis he entitled to protection as a residential occupier under Housing Act 1985 or Housing Act 1988- appeal allowed, possession set aside- appeal by A:-

Held: Appeal allowed. R occupied the premises, and he did so (in


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