The tenants had to cease trading after a fire next door. They asked the landlords to reinstate and said they wished then to resume trading. Following the landlord’s demolition and reconstruction of the premises the tenants sought a new tenancy.
Held: They were so entitled. Applying Caplan: ‘I would put it in my own words as follows: in order to apply for a new tenancy under the Act the tenant must show either that he is continuing in occupation of the premises for the purposes of the business carried on by him, or, if events over which he has no control have led him to absent himself from the premises, if he continues to exert and claim his right to occupancy . . the temporary absence in Caplan v Caplan which did not destroy the continuity of occupation was absence at the volition of the tenant. In the present case the absenting by the tenants of themselves from the premises after the devastating fire was not their choice but was brought about by the state of the premises created by the fire . .’
Judges:
Scarman LJ
Citations:
[1976] 1 WLR 533
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – I and H Caplan Limited v Caplan No. 2 ChD 1963
For some months whilst the tenants’ right to a new tenancy was being litigated they had ceased trading and had vacated the premises. They then succeeded before the Court of Appeal and started trading from the premises afresh. Their protection under . .
Cited by:
Cited – Bacchiocchi v Academic Agency Limited CA 20-Feb-1998
The ‘continuous occupation’ required of a tenant to support a claim for disturbance on the non-renewal of his lease under the Act is not to be lost for the normal incidents of business life. The tenant had anticipated the non-renewal of the tenancy . .
Cited – Esselte Ab and British Sugar Plc v Pearl Assurance Plc CA 8-Nov-1996
The tenant was no longer in occupation of the demised premises when he served a s27 notice.
Held: A business tenancy ceases at end of the lease, if the premises are not actually occupied by the tenant despite any notices given. The occupation . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 03 August 2022; Ref: scu.216546
