A tenant was found to have a business tenancy rather than a residential tenancy, so a possession order due to rent arrears had been made wrongfully.
The Council of the London Borough of Hackney granted the tenant a ten year lease which described the premises as shop premises, in which the lower part would be dedicated to the sale of fish and fish-keeping equipment and the upper part for residential purposes. The lease also obliged the tenant to keep the premises open as a shop during usual business hours. Broadway Investments bought the council’s freehold of the property in 2002, and in February 2005 sought to repossess the property. The tenant owed arrears of rent of over £25,000.
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