Davies Attbrook (Chemists) Ltd v Benchmark Group plc: ChD 26 Oct 2005

The tenant sought to renew his tenancy. Proceedings were commenced as negotiations continued. They were uncontested. The landlord later and at the last moment sought permission to amend the pleadings to include a request for a break clause, and now appealed a refusal of that permission.
Held: The appeal succeeded. The judge had referred to the tenant’s legitimate expectations. That concept was wrongly imported from public law. The hearing would be adjourned in any event, and the judge had given too much weight to the timing of the application. The personal circumstances of the tenant’s directors was not a relevant consideration when making such a decision.


Lewison J


Times 24-Nov-2005


Landlord and Tenant Act 1954 825


England and Wales


CitedAdams v Green 1978
‘It was no part of the policy . . of the 1954 Act to give security of tenure to a business tenant at the expense of preventing redevelopment.’ . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 27 June 2022; Ref: scu.235383