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Business lease renewal.

The editor of this section is Sarah Thompson-Copsey, solicitor and freelance property law trainer

Landlord and Tenant Act 1954, part 2

Redevelopment ground (f)

S Franses Ltd v The Cavendish Hotel (London) Ltd
[2017] EWHC 1670 (QB)

Summary

A landlord’s proposal to redevelop for the purposes of opposing renewal under the Landlord and Tenant Act 1954, s30(1)(f) was successful even though the development’s sole purpose was to defeat the tenant’s right to a renewal lease.

Relevant statutory provisions

The ground set out in Landlord and Tenant Act 1954, s30(1)(f) provides:

“that on the termination of the current tenancy the landlord intends to demolish or reconstruct the premises comprised in the holding or a substantial part of those premises or to carry out substantial work of construction on the holding or part thereof and that he could not reasonably do so without obtaining possession of the holding”.

Facts

A tenant (T) of ground floor and basement premises held under two leases both of which fell within the security of tenure provisions of the 1954 Act. T was a textile dealership and consultancy. The landlord (L) occupied the remainder of the building as a luxury hotel. The main lease contained a right:
    "At all reasonable times during the daytime (or forthwith in case of emergency) to permit the Landlord or its Surveyor or Agents or any person authorised by it with or without workmen or contractors to enter the demised premises for the purpose of examining the state of repair and condition thereof and also for the purpose of executing any improvement it may wish to execute or for the purpose of repairing, maintaining, cleansing, rebuilding, altering or examining the demised premises or any adjoining or neighbouring premises or the remainder of the said building …"
The lea ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW

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