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Pirabakaran v Patel [2006] 1 WLR 3112

DATE: 31 Dec 2005

The issue in this case was whether a landlord is entitled to forfeit a lease of a flat and a shop (or any other mixed residential/commercial premises) by peaceable re-entry, rather than by commencing court proceedings. That question turned on the proper interpretation of the prohibition in s.2 of the Protection from Eviction Act 1977 against forfeiting by peaceable re-entry in respect of premises that are let as a dwelling. The Court of Appeal held that, to ensure an interpretation consistent with Art.8 of the European Convention on Human Rights, s.2 of the 1977 Act was properly interpreted as applying, not only to premises let wholly for residential purposes, but also to mixed residential/commercial premises.