I recently had an occasion to look at the case authority of Pirabakaran v Patel decided by the Court Appeal in 2006.
In the case, the landlord had let to the tenant a mixed use (commercial/residential) property.
The tenant had defaulted on the Lease terms and the Lease provided a clause that allowed the landlord to forfeit by re-entering the property provided this was peaceable.
The landlord re-entered the commercial part of the property and took procession. The landlord did not attempt to evict the tenant from the residential part of the property but instead he brought Court proceedings to recover possession of the residential element.
At the initial Trial, the Judge found in the landlord’s favour. However, the tenant appealed and the Court of Appeal decided that the landlord’s actions in recovering the commercial element of the property were unlawful, even though this has not affected the tenant’s right to live in the residential part of the property unhindered.
Would the position be different, however, if the Court had made an Order for Possession of the whole property and the landlord had decided to effect peaceable re-entry of the commercial part of the premises, rather than issue a Writ or Warrant to enforce the Possession Order, where the commercial part of the premises is self-contained with a separate entrance to the residential premises?
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.
Related insights
How do estate executors remove a caveat from probate?
If you are an executor dealing with a caveat, you may be unsure what it means for probate and how to move the estate forward. This article explains what a…
Read moreDebenhams Ottaway strengthens specialist Wills, trusts and inheritance disputes expertise
Debenhams Ottaway is expanding its contentious probate, Wills, trusts and inheritance disputes capability in response to growing demand from clients and professional advisers for specialist support with sensitive, complex and…
Read moreEmployment Rights Act 2025: Lessons learnt and what’s next
Join Employment Lawyers Louise Attrup and Michael Kerrigan for an interactive presentation and roundtable discussion exploring the key elements of the Employment Rights Act 2025 that employers need to know…
Read morePutting clients first: Debenhams Ottaway recognised in Chambers High Net Worth Guide 2026
Trusted legal advisers to wealthy clients, praised for personal service, strong relationships and clear advice. Clients and professional advisers have once again recognised Debenhams Ottaway in the Chambers High Net…
Read moreSupreme Court clarifies directors’ duties: good intentions are not enough
The Supreme Court’s recent decision in Saxon Woods Investments Ltd v Costa provides an important reminder that directors cannot justify improper conduct simply by saying they believed they were acting…
Read more