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Secure tenancies


This page contains material on:
  • Business tenancies to residential tenancies - secure?
  • Misrepresentation inducing a tenancy
  • Reasonableness
  • Succession
  • Suitable alternative accommodation
  • Tenancies at will not secure
  • Variation of terms

Business tenancy to residential

Tomkins v Basildon DC
[2002] EWCA Civ 876

Property initially let under a business tenancy and later used for residential purposes were not protected by the Housing Act 1985. There was no surrender of the original business tenancy and re-grant of a residential tenancy. L had simply not enforced the user covenant in the lease.


Misrepresentation

Ground 5 of Schedule 2 to the Housing Act 1985 provides the following ground for possession:
    "The tenant is the person, or one of the persons, to whom the tenancy was granted and the landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by

    (a) the tenant, or
    (b) a person acting at the tenant's instigation".

Evidence of inducement

Waltham Forest London Borough Council v Roberts [2004] ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW

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