Stephenson LJ said: ‘The question for the court is not, were the landlords reasonable in intending to do the particular work defined in the drawing? But, were they, having genuinely formed that intention, reasonable in dispossessing the tenants completely in order to carry it out? Could they in common sense and in reason have carried out that substantial work of construction – not some different work answering to that general description – without obtaining possession of the whole holding, or could they have carried it out while leaving the tenant in possession of the 15ft. wide strip?’
Stephenson LJ
[1974] 1 WLR 748
Landlord and Tenant 11954
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.670124