S Franses Ltd v Cavendish Hotel (London) Ltd

Subject Matter

LANDLORD AND TENANT — Business premises (security of tenure) — Application for new tenancy — Landlord opposing application on ground of intention to carry out substantial works of reconstruction — Landlord contriving scheme of works for sole purpose of obtaining vacant possession — Whether landlord having sufficient intention to carry out scheme — Relevance of landlord’s motive — Whether in assessment of scheme judge failing to exclude works capable of being performed under landlord’s right of entry — Landlord and Tenant Act 1954 (2 & 3 Eliz 2, c 56), s 30(1)(f)(as amended by Law of Property Act 1969 (c 59), s 15, Sch 1)

[2017] EWHC 1670 (QB); [2017] Bus LR 1941; [2017] WLR (D) 503, QBD

LANDLORD AND TENANT — Business premises (security of tenure) — Application for new tenancy — Landlord opposing application on ground of intention to carry out substantial works of reconstruction — Landlord intending to carry out works if necessary to obtain vacant possession but not if tenant vacating voluntarily — Whether landlord having sufficient intention to make out ground of opposition — Relevance of landlord’s motive — Landlord and Tenant Act 1954 (2 & 3 Eliz 2, c 56), s 30(1)(f) (as amended by Law of Property Act 1969 (c 59), s 15, Sch 1)

[2018] UKSC 62; [2019] AC 249; [2018] 3 WLR 1952; [2018] Bus LR 2504; [2019] 2 All ER 463; [2018] WLR (D) 778; Case details, SC(E)

Appellate History

Commentary

Out-Law
Landlord not entitled to block lease renewal on redevelopment grounds Case comment

UK Supreme Court Blog
New Judgment: S Franses Ltd v The Cavendish Hotel (London) Ltd [2018] UKSC 62 Case comment