McQuillan v Clinton

Judgment Date01 January 1921
Date01 January 1921
CourtCircuit Court
Cir. Cas.,

Business premises used as residence - Premises required by landlord both for business and residence - Alternative accommodation - Greater hardship - Renewal of head lease to occupier.

Where premises are used both for business and residential purposes they are to be treated as a dwellinghouse within the meaning of the Increase of Rent and Mortgage Interest (Restrictions) Act, 1920. If they are bona fide required by the landlord primarily as a residence, although also for business purposes, and they are protected by the provisions of s. 5 (iv) of the Act regarding the date of commencement of tenancy, the question of alternative accommodation is not to be considered. Where a tenant would as occupier become entitled to the renewal of his landlord's head lease, if he were...

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