Attention: open in a new window. PDFPrintE-mail

Aglionby v Cohen [1955]

A landlord served a notice to quit on the tenant, who had a tenancy of a furnished room. As the tenant refused to leave, the landlord obtained an order for possession. The tenant continued to occupy the premises so the landlord put the tenant’s belongings outside of the property and obtained possession, despite not obtaining a warrant for possession.

HELD: The court held that the fact that the landlord had sought and obtained the courts’s help by obtaining an order for possession did not prevent him relying on his common law rights.