664. Premises used partly for business purposes.

A protected business tenancy to which Part II of the Landlord and Tenant Act 1954 applies1 cannot be a protected regulated tenancy2, and a tenant cannot obtain the greater protection of the Rent Act 1977 simply by unilaterally ceasing the business use, unless, it seems, the original tenancy was for residential and not for business purposes3. Mixed residential and business premises (such as flats above shops) may fall within the scope of Part II of the 1954 Act, but a subtenant may be afforded protection against the business tenant(because, whilst the head tenancy may be a business tenancy, a