Contact one of our advisors now Call 0800 088 6004

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

The High Court has held that a landlord had established sufficient intention to carry out works where the landlord had resolved to undertake works to comply with section 30(1)(f) of the Landlord and Tenant Act 1954 (Ground (f)) and obtain vacant possession rather than for independent commercial reasons.
Although this decision does not produce any new law on the issue of landlord’s intention under Ground (f), it is a good illustration of the issues that can arise when pursuing or defending a Ground (f) claim. It demonstrates how a landlord can defeat a claim for a new business tenancy provided it can demonstrate an honest intention (or provide an acceptable undertaking to the court) to carry out a development scheme regardless of the motivation.
Section 30(1)(f) (Ground (f)) of the Landlord and Tenant Act 1954 (LTA 1954) states that the landlord can oppose a lease renewal if:
“… 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 that he could not reasonably do so without obtaining possession of the holding.”
For further advice contact our specialist team.