The tenant under a business lease served notice of his desire to carry out improvements. The landlord objected saying he would do them himself. The tenant withdrew his notice. The landlord did not go ahead.
Held: The tenant having withdrawn his notice the landlord could enforce a right of entry himself to carry out the works. The words of the section should be read in their natural meaning. The proviso implied only that the tenant was unable to carry out the works once the landlord gave his counter-notice. It did not create a right in the landlord to carry out the work.
Judges:
Etherton J
Citations:
Times 12-Mar-2004
Statutes:
Landlord and Tenant Act 1927 3
Jurisdiction:
England and Wales
Landlord and Tenant
Updated: 29 April 2022; Ref: scu.194668