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Fox v Dalby (1874 – 75) LR 10 CP 285

A sergeant in the army was required by army rules to live in a house near stores where ammunition and equipment were kept so that he could look after the stores. Other stores within the army did not require a sergeant to live nearby and it was possible for him to perform his duties without living so close. The question was whether he was a tenant or whether there was a service occupancy.

Held:

He was not a tenant because he was required to live in the house for the better performance of his duties.

Lord Coleridge CJ:

‘if the occupation be necessary for the better performance of the duties required to be performed by the party, or if, though it be not necessary for their performance, he is required by the authority by which he is appointed to reside there in order to perform them, the occupation is not an occupation as tenant.’

 

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