Home is where the bed is

Sumeghovo v McMahon (CA TLR 6 October)

Mr McMahon and his wife owned No 70 and No 72 Warren Road. After they divorced in 1987, Mr McMahon started using two rooms at No 70 as a bedroom and sitting room, but he spent much time at No 72 where his son and daughter lived, taking his meals with them there. His use of No 70 was a temporary arrangement until his children at No 72 got married and left. In April 1998, Mr McMahon granted a tenancy of a room and common facilities at No 70 to the claimant. He evicted her in September 1998. In defence to her claim that she had been unlawfully evicted, Mr McMahon contended that as he occupied No 70 as his only or principal home, s3A(2) of the Protection from Eviction Act 1997 (inserted by s31 of the Housing Act 1998) was excluded.