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 not enter into detailed examination of prospects of success
Judges:
Hirst, Auld LJJ
Citations:
Times 24-Apr-1998, [1998] EWCA Civ 621, [1998] 2 EGLR 75
Statutes:
Landlord and Tenant Act 1954 30 (1)(g)
Jurisdiction:
England and Wales
Citing:
Cited – Cunliffe v Goodman CA 1950
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 . .
Cited – Gregson v Cyril Lord Ltd CA 1962
A landlord opposing the grant of a new tenancy on the basis that he wished to conduct his own business from the premises, need not show that everything is in place to conduct the new business, but must be able to show that most obstacles to starting . .
Cited – Reohorn v Barry Corporation CA 1956
As to the landlord’s intention to reconstruct the premises on opposing a renewal: ‘[a] man cannot properly be said to ‘intend’ to do . . work when he has not got the means to carry it out. He may hope to do so; he will not have the intention to do . .
Cited – Betty’s Cafe Ltd v Phillips Furnishing Stores Ltd HL 1958
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 . .
Cited – Edwards v Thompson CA 1990
. .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 18 November 2022; Ref: scu.144099