The tenant requested a new lease and the renewal of personal rights attached to the first lease.
Held: The court could not countenance renewal of purely personal rights under the 1954 Act. It was said that: ‘The object of Part II of the Act is to give security of tenure to business tenants by, inter alia, conferring power on the court to order a new tenancy on the property comprised in ‘the holding’, and, however widely expressed, section 35 cannot, in our judgment, consistently with the scheme found in Part II, be construed to enable the court to enlarge the holding, for example, by ordering the grant of an easement over the landlord’s land or conferring rights over the landlord’s land not hitherto enjoyed.’
Citations:
[1974] 29 PandCR 126
Statutes:
Lanldord and Tenant Act 1954 35
Jurisdiction:
England and Wales
Cited by:
Approved – J Murphy and Sons Ltd v Railtrack Plc CA 29-Apr-2002
A lease was granted of land, but the landlord had no land over which it could grant any rights to access the land. The rent came to be reviewed. The tenant had independently obtained access rights. The landlord wanted the lack of access rights to be . .
Applied – The Picture Warehouse Ltd v Cornhill Investments Ltd QBD 23-Jan-2008
The tenant appealed against a decision that provision for parking should not be included in the new tenancy granted to him under the Act. The original lease had been intended to be varied to move the tenant to allow some rebuilding, and new parking . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 07 December 2022; Ref: scu.216669
