The landlord had occupied the premises as a restaurant, but subsequently let it to the respondents. The landlord opposed renewal of the tenancy saying that it intended to recommence trading, and now appealed a finding in favour of the tenant. Held: The landlord had failed to show a sufficiently strong case that his plans had … Continue reading Zarvos v Pradhan and another: CA 7 Mar 2003
The tenant sought a renewed tenancy under the Act, and the landlord opposed it saying that the property was to be redeveloped. The tenant contended that since his was an ‘eggshell’ tenancy, having a tenancy of surfaces within the property and not any part of the structure of the building, his tenancy could not be … Continue reading Pumperninks of Piccadilly Ltd v Land Securities Plc and others: CA 10 May 2002
In the context of section 30(1)(f) of the 1954 Act ‘premises’ applies only to parts of a built structure which perform some structural function. Citations: [1957] 1 QB 323 Statutes: Landlord and Tenant Act 1954 30(1)(f) Cited by: Cited – Ivorygrove Ltd v Global Grange Ltd ChD 18-Jun-2003 The tenant sought a new lease. The … Continue reading Percy E Cadle and Co Ltd v Jackmarch Properties Ltd: 1957
Tenant’s application for leave to appeal from refusal of renewal of tenancy – intention of landlord to demolish. Citations: [2018] EWHC 2193 (Ch) Links: Bailii Statutes: Landlord and Tenant Act 1954 30(1)(f) Jurisdiction: England and Wales Landlord and tenant Updated: 26 April 2022; Ref: scu.621136
The Landlord resisted a new tenancy under the 1954 Act saying that it intended to demolish and redevelop. Held: The lease had provisions which would allow the landlord to do the works required without refusing a renewal. It should be renewed. The 1954 Act is not to be allowed to stand in the way of … Continue reading Heath v Drown: HL 1973
The tenant appealed against rejection of his claim for a new tenancy after a finding by the judge that the landlord did as he said wish to redevelop the land. Judges: McCombe, Vos, Burnett LJJ Citations: [2016] Ch 37, [2015] EWCA Civ 23, [2015] WLR(D) 39 Links: Bailii, WLRD Statutes: Landlord and Tenant Act 1954 … Continue reading Hough v Greathall Ltd: CA 27 Jan 2015
The tenant sought a new lease. The landlord resisted saying that it intended to carry out works of a substantail nature which would require it to have possession. The tenant responded that the works were not structural. Held: The words of the section should be read as they are. There is no explicit requirement for … Continue reading Ivorygrove Ltd v Global Grange Ltd: ChD 18 Jun 2003
Judges: Sir Martin Nourse Mr Justice Patten Lord Justice Mance Citations: [2005] EWCA Civ 1036 Links: Bailii Statutes: Landlord and Tenant Act 1954 30(1)(f) Jurisdiction: England and Wales Citing: Cited – Gatwick Parking Service Ltd v Sargent CA 3-Feb-2000 When a landlord opposed a renewal of a business tenancy, the court must allow for changes … Continue reading Dogan v Semali Investments Ltd: CA 4 Aug 2005
The landlord opposed the grant of a new tenancy on redevelopment grounds. The judge found that the landlord had not established the requisite intention at the hearing date, but held that the intention would be established six months later. He made a declaration to that effect under section 31 (2) of the Act, which had … Continue reading Accountancy Personnel Ltd v Salters’ Company: CA 1972
Citations: [1957] 1 WLR 1094 Statutes: Landlord and Tenant Act 1954 30(1)(f) Cited by: Cited – Ivorygrove Ltd v Global Grange Ltd ChD 18-Jun-2003 The tenant sought a new lease. The landlord resisted saying that it intended to carry out works of a substantail nature which would require it to have possession. The tenant responded … Continue reading Joel v Swaddle: 1957
The question which arises on this appeal is whether it is open to the landlord to oppose the grant of a new business tenancy if the works which he says that he intends to carry out have no purpose other than to get rid of the tenant and would not be undertaken if the tenant … Continue reading S Franses Limited v The Cavendish Hotel (London) Ltd: SC 5 Dec 2018
The tenant had served a notice under the 2003 Act to acquire a new lease. The landlord in replying that he wished to redevelop the site, sought himself to define the extent of the ‘estate’ to include only the tenant’s apartment and a neighbouring one as ‘the whole or a substantial part of the premises … Continue reading Majorstake Ltd v Curtis: HL 6 Feb 2008
The landlord served notice under section 25 of the Landlord and Tenant Act 1954 terminating the business tenancy of a shop, which was used as a cafe and was one of three contained in a single building owned by the Landlord, and stating that he would oppose the Grant of a new tenancy on the … Continue reading Blackburn v Hussain: CA 1988
The landlord opposed the renewal of the tenancy saying that it wanted to run a golf club on the land. The tenant replied, saying that the businees had little prospect of success. Held: Where the landlord had expressed intention to commence business from premises after expiry of the lease and wanted occupation, the court should … Continue reading Dolgellau Golf Club v Hett: CA 3 Apr 1998
The tenant had applied for a new tenancy. The landlord offered to provide suitable accomodation. Held: Where the landlord’s offer met the statutory criteria, the court had no jurisdiction to grant a new tenancy. What mattered was the landlord’s intention at the date of the hearing. Judges: Denning LJ, Evershed MR Citations: [1957] Ch 67 … Continue reading Betty’s Cafe Ltd v Phillips Furnishing Stores Ltd: CA 1957
The tenant occupied land next to a canal under a lease from the Defendants. The landlord opposed a renewal saying they wished to occupy the land themselves for the purposes of a marina. The tenant said the plan was unrealistic, because it would not get planning permission for the change of use (the tenant was … Continue reading Regina (Westminster City Council) v British Waterways Board: HL 1985
The landlord had opposed the renewal of the claimant’s business tenancies saying that it wished to redevelop the sites. Before the matter came to trial, the landlord went into administration, and the tenant sought summary judgment. It now appealed against refusal. Held: The appeal failed. The date of the hearing at which the necessary intention … Continue reading Somerfield Stores Ltd v Spring (Sutton Coldfield) Ltd: ChD 4 Aug 2010
On a renewal of a tenancy a landlord’s counter-notice under section 26(6) relied on section 30(1)(f) and (g). Held: (Lord Keith dissenting) The court was bound to have regard to the position as it was on the date of the order. The landlord must have a ‘firm and settled intention’ as regards the proposed works. … Continue reading Betty’s Cafe Ltd v Phillips Furnishing Stores Ltd: HL 1958
Action for damages for breach of a repairing covenant on the expiry of a lease. The court looked at the intention required of a landlord to show an intended purpose to oppose renewal of a lease. Asquith LJ said: ‘An ‘intention’ to my mind connotes a state of affairs which the party ‘intending’ – I … Continue reading Cunliffe v Goodman: CA 1950
In September 1955 the landlords bought to adjoining shops which were about 250 years old and near the end of their life. They intended to undertake the demolition of the premises for which it was necessary to obtain possession, to rebuild on the site and to occupy the new buildings for the purpose of their … Continue reading Fisher v Taylors Furnishing Stores Ltd: CA 1956
Tenants who used the premises which consisted of a yard, partly covered with cinders, on which stood only a wooden garage, covered about one-third of the site and a brick boundary wall adjacent to the highway for business purposes, applied for a new tenancy under the Landlord and Tenant Act 1954 Part 2. The landlords … Continue reading Housleys Ltd v Bloomer-Holt Ltd: CA 1966
