No we cannot as in the case of Pirabakaran v Patel & Patel [2006] 26 May CA, [2006] EWCA Civ 685. The tenant had a shop with a flat above in which he lived and was a business tenancy within Landlord & Tenant Act 1954. When he fell behind with his rent the landlords forfeited the lease with Bailiffs who took possession of the shop and flat. The Court of Appeal held that the forfeiture was not lawful because the landlords had not obtained a prior court order as required by Section 2 of the Protection from Eviction Act 1977.
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