Megarry J was asked which was the relevant hearing when a court considered the condition of a landlord’s intention to redevelop premises to support a refusal of a new tenancy. He approved an application that the landlord’s ground of opposition be tried as a preliminary issue. Only if the landlord failed to establish his ground would the court then need to go on to address matters relating to the terms of any new tenancy. He held that the relevant hearing for the purpose of establishing the landlord’s intention was the hearing to determine the preliminary issue and that if he failed on that occasion, so that a further hearing became necessary to determine the terms of a new tenancy, the landlord could not have a second bite of the cherry and seek to establish that his intention had been made good by the date of the later hearing.
Judges:
Megarry J
Citations:
[1968] 1 WLR 1483
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Somerfield Stores Ltd v Spring (Sutton Coldfield) Ltd ChD 4-Aug-2010
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 . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 27 June 2022; Ref: scu.421532
