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
Managing disputes and protecting your cash flow
Disputes are an unfortunate but common part of running a business. Late payment, disagreements over contract terms or a breakdown in a trading relationship can be commonplace and can often…
Read moreYour Will should change as your life does – when did you last review yours?
It’s a common misconception not only that Wills are something to think about later in life, but that once written, the job is done. In reality, a Will should evolve…
Read moreSpring clean your business’s contracts and policies
As your business grows and the legal landscape continues to shift, scheduling an annual “spring clean” of your contracts and internal policies is a smart way to stay compliant and…
Read moreNational Pet Day: Why pet owners should think about a pet‑nup
As the UK celebrates National Pet Day this month, it’s the perfect moment to celebrate the animals who brighten our lives – and to think practically about their wellbeing should…
Read moreDebenhams Ottaway celebrates homegrown talent with two promotions
From 1 April 2026, Hertfordshire law firm Debenhams Ottaway celebrates the promotion of Barry Griffin, one of its homegrown salaried partners, to equity partner. This follows five salary to equity…
Read more