Commentary

345 Case XI: dwellinghouse required as residence for original occupier

AGRICULTURAL TENANCIES vol 2(1)

345 Case XI: dwellinghouse required as residence for original occupier

3: CASES IN WHICH THE COURT MUST ORDER POSSESSION

345 Case XI: dwellinghouse required as residence for original occupier1

The court must make an order for possession against a protected occupier2 or statutory tenant3 where:

  1. 345.1

        the person who granted the tenancy or, as the case may be, the original tenancy4 (‘the original occupier’) was, prior to granting it, occupying the dwellinghouse as his residence5; and

  2. 345.2

        the court is satisfied that the dwellinghouse is required as a residence for the original occupier or any member of his family who resided with him

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