On Wednesday 5 December, The Supreme Court handed down the much anticipated judgment in the case of S Franses Limited v The Cavendish Hotel (London) Limited, concerning opposed lease renewal proceedings under the Landlord and Tenant Act 1954. This case had leapfrogged the Court of Appeal after the High Court found in favour of the landlord.
Mishcon de Reya featured in The Times commenting on this development:
"This judgment is a game-changer," said Chhavie Kapoor, a property partner at Mischon de Reya. It meant, said Ms Kapoor, that "a landlord seeking to oppose the grant of a new tenancy on the basis of redevelopment must now demonstrate that its intention to undertake works is independent of the tenant's right to a new tenancy".
The crucial point for landlords, she said, would be whether they would do the same works as those proposed if the tenant left of their own accord. "The days of landlords fabricating extensive schemes of works solely to recover possession of their properties now appear to be over," she said.
View the full article here (subscription only).
Read our briefing note on this judgment here.
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