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 ground contained in section 30(1)(f) of the Act, namely that he intended to reconstruct the premises and could not reasonably do so without obtaining possession. The landlord’s proposal was to knock the three shops into one open area by demolishing the partitioning walls and existing lavatories, demolishing and replacing the existing shop fronts, and providing a staircase leading out of the premises let to the tenant. It was conceded that the landlord’s intention to redevelop was genuine, but the judge held that the proposals did not fall within section 30(1)(f) as qualified by Section 31A of the Act
Held: allowing the landlord’s appeal that 1) the landlord’s proposals could not reasonably be carried out without possession by him of the holding; 2) even if the tenant afforded to the landlord all necessary facilities and access, there would plainly be substantial interference with the tenant’s business for some 12 weeks; thus the tenant has not helped by Section 31A
Taylor LJ
[1988] 1 EGLR 77
Landlord and Tenant Act 1954 30(1)(f) 31A
England and Wales
Cited by:
Cited – S Franses Limited v The Cavendish Hotel (London) Ltd SC 5-Dec-2018
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 . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 29 November 2021; Ref: scu.670125
