The landlord had occupied the premises as a restaurant, but subsequently let it to the respondents. The landlord opposed renewal of the tenancy saying that it intended to recommence trading, and now appealed a finding in favour of the tenant.
Held: The landlord had failed to show a sufficiently strong case that his plans had financial viability. Evidence acquired later that a bank would loan the requisite amount was not admissible, since it might have been obtained in time for the trial. It was not necessary always for the court to consider the two limbs under 30(1)(f) sequentially.
Judges:
Ward, Clarke, Longmore LJJ
Citations:
Times 04-Apr-2003, [2003] EWCA Civ 208, Gazette 09-May-2003, [2003] 13 EG 114, [2003] 2 P and CR 122
Links:
Statutes:
Landlord and Tenant Act 1954 30(1)(g)
Jurisdiction:
England and Wales
Citing:
Cited – Hertfordshire Investments Ltd v Bubb and Another CA 25-Jul-2000
When considering an application for a re-hearing of a County Court action in order to consider and admit new evidence, the county court and High Court practice is now the same and the judge should consider the list of questions in Ladd v Marshall, . .
Cited – Ladd v Marshall CA 29-Nov-1954
Conditions for new evidence on appeal
At the trial, the wife of the appellant’s opponent said she had forgotten certain events. After the trial she began divorce proceedings, and informed the appellant that she now remembered. He sought either to appeal admitting fresh evidence, or for . .
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 by:
Cited – Patel and Another v Keles and Another CA 12-Nov-2009
The landlord objected to the renewal of the lease, saying that he intended to occupy the premises for his own business. The court had found that he intended to sell the property.
Held: The landlord’s appeal failed. Parliament has not laid down . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant, Evidence
Updated: 07 June 2022; Ref: scu.180503
