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Rasiah Pirabkaran v Navichandra Manibhai Patel

The phrase ‘let as a dwelling’ in s 2 of the Protection from Eviction Act 1977 meant ‘let wholly or partly as a dwelling’ and so applied to premises that were let for mixed residential and business purposes.

9 June 2006

The appellant (T) appealed against the decision that his lease of mixed business and residential premises had been lawfully forfeited by the respondent landlords (L). T conducted a retail business on the ground floor of the premises and resided on the first floor. T fell into arrears and L exercised their right of re-entry in relation to the shop premises. T remained resident in the residential premises. L issued a claim for possession on the basis that as a result of their re-entry of the shop premises the lease had become forfeit. L subsequently excluded T from the residential premises and T issued a claim for an injunction that L should be restrained from excluding him from either part of the premises because under s 2 of the Protection from Eviction Act 1977 the purported forfeiture of the lease was unlawful. The judge found that the demised premises were not let “as a dwelling”, that accordingly L were not constrained by s 2 of the 1977 Act, and that therefore the lease had...

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