When a landlord opposed a renewal of a business tenancy, the court must allow for changes in planning policy which affected the parties. Planning permission had originally been subject to a condition that it be used not by the claimant but by a tenant. That condition had been imposed under a policy which had now changed. It was likely that the condition would disappear, and that accordingly the landlord would be likely to be able to use the land for its own purposes. The landlord did not need to show only an even chance that the permission might be granted. He needed to show a real rather than merely fanciful chance.
Laws LJ said: ‘On balance, in my view, the learned judge should have acceded to the appellant’s case in June 1999, and was influenced, as it seems to me, by his impressions, wholly adverse as they were, of Mr Kenny as a witness.
I am entirely clear that we are now entitled to take account of the July 1999 planning permission: see Accountancy Personnel Ltd v Salters’ Company [1972] EGD 461. Obviously, that was not available to the judge in June 1999.’ and ‘I emphasise that the hurdle to be surmounted by the appellant under section 30(1)(g), in the light of the authorities on the subject, is by no means a high one. He does not have to demonstrate a balance of probability that permission will be granted. He has to show that there is a real, not merely a fanciful, chance.’
Judges:
Aldous LJ, Laws LJ, Hale LJ
Citations:
Gazette 03-Feb-2000, [2000] EG 11, [2000] 2 EGLR 45
Statutes:
Landlord and Tenant Act 1954 30 (1) (g)
Jurisdiction:
England and Wales
Citing:
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 – Cadogan v McCarthy and Stone Developments Ltd 1996
. .
Cited by:
Cited – Dogan v Semali Investments Ltd CA 4-Aug-2005
. .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 10 May 2022; Ref: scu.80768
