Smyth-Tyrrell v Bowden

Smyth-Tyrrell v Bowden

The claimants' activities in regenerating the woodlands to create a rural ambience for paying guests constitute a business for purposes of the Landlord and Tenant Act 1954 Part II, so the tenancy continues under S.64 until three months after final disposal of the application; no order for possession or mesne profits can be made at this time.

Parties
Applicant: Stephen Charles Smyth-Tyrrell; Respondent: William Robert Bowden
Jurisdiction
England and Wales
Judgment Date
02 February 2018
Procedural Posture
Civil / Post Judgment Clarification/order
Outcome
Declaration as to parties' rights granted; no order for possession or mesne profits at this time.
Legal Topics
Business Tenancy, Continuation of Tenancy, Possession, Mesne Profits, Subletting, Statutory Interpretation
Landlord and Tenant Property Law Business Tenancy Continuation of Tenancy Possession Mesne Profits Subletting Statutory Interpretation

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Parties

Stephen Charles Smyth-Tyrrell

Applicant

William Robert Bowden

Respondent

Procedural Posture

Civil / Post Judgment Clarification/order

Legal Issues

  1. 1 Whether the claimants are carrying on a business for purposes of the Landlord and Tenant Act 1954 Part II in relation to the woodlands.
  2. 2 Whether an order for possession or mesne profits can be made before expiry of statutory continuation period under S.64 of the Landlord and Tenant Act 1954.

Ratio Decidendi

The claimants' activities in regenerating the woodlands to create a rural ambience for paying guests constitute a business for purposes of the Landlord and Tenant Act 1954 Part II, so the tenancy continues under S.64 until three months after final disposal of the application; no order for possession or mesne profits can be made at this time.

Court Disposition

Declaration as to parties' rights granted; no order for possession or mesne profits at this time.

Orders

  • Declaration reflecting continuation of tenancy under S.64 of the Landlord and Tenant Act 1954.
  • Liberty to apply for possession granted to the defendant once statutory continuation period expires.