ABSTRACT
James LJ: ... The question of law in this appeal arises in this way. In 1970 the appellant became the tenant of a ground floor flat at 209 Freemasons Road, London E16. The letting included a conservatory. In the conservatory the appellant and his brother, who lived with him, installed some electrical wiring for use with stereo equipment. Also, with the landlord’s permission, they put up roofing material and asbestos wall panels and laid floorboards. There is no dispute that the roofing, wall panels and floorboards became part of the house and, in law, the property of the landlord. Then in 1972 the appellant gave notice to quit and asked the landlord to allow the appellant’s brother to remain as tenant of the flat. On 18 September 1972 the landlord informed the appellant that his brother could not remain. On the next day the appellant damaged the roofing, wall panels and floor boards he had installed in order – according to the appellant and his brother – to gain access to and remove the wiring. The extent of the damage was £130. When interviewed by the police, the appellant said, ‘Look, how can I be done for smashing my own property. I put the flooring and that in, so if I want to pull it down it’s a matter for me’ ...
