The tenant sought a new lease. The landlord resisted saying that it intended to carry out works of a substantail nature which would require it to have possession. The tenant responded that the works were not structural.
Held: The words of the section should be read as they are. There is no explicit requirement for works affecting the structure of the building, but only that they were extensive and incompatible with the tenant’s continued possession. References in the authorities to ‘structure’ were not to be treated as rewriting the Act.
Judges:
Lawrence Collins J
Citations:
Times 26-Jun-2003, [2003] EWHC 1409 (Ch), Gazette 04-Sep-2003, [2003] NPC 78, [2003] 1 WLR 2090, [2003] 26 EG 179, [2003] 2 EGLR 87, [2004] 4 All ER 144, [2004] 1 P and CR 11
Links:
Statutes:
Landlord and Tenant Act 1954 30(1)(f)
Jurisdiction:
England and Wales
Citing:
Cited – Joel v Swaddle 1957
. .
Cited – Percy E Cadle and Co Ltd v Jackmarch Properties Ltd 1957
In the context of section 30(1)(f) of the 1954 Act ‘premises’ applies only to parts of a built structure which perform some structural function. . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 05 October 2022; Ref: scu.184021