Cox v Binfield
Cox v Binfield
- 1989
- Estates Gazette (1989) 01 EG 69-70(2) .
CA 20 June 1988. An appeal by the tenant from a decision of the assistant recorder, dismissing his application for a new tenancy to carry on a cafe business. The landlord objected under Landlord and Tenant Act 1954 s30(1)(g) , and claimed the premises were required by herself to carry on her own business, and for residential use. At issue, was whether the landlord had a genuine intention in accordance with the law. The judge held that there was a genuine intention, and the tenant appealed. On appeal, the tenant`s appeal was dismissed. The CA held that it was not possible to set the judge`s decision aside, even though the landlord`s venture was not likely to succeed; the landlord required downstairs accommodation, and although there was a possibility the plans might fail, they were nevertheless genuine. Appeal dismissed.
CA 20 June 1988. An appeal by the tenant from a decision of the assistant recorder, dismissing his application for a new tenancy to carry on a cafe business. The landlord objected under Landlord and Tenant Act 1954 s30(1)(g) , and claimed the premises were required by herself to carry on her own business, and for residential use. At issue, was whether the landlord had a genuine intention in accordance with the law. The judge held that there was a genuine intention, and the tenant appealed. On appeal, the tenant`s appeal was dismissed. The CA held that it was not possible to set the judge`s decision aside, even though the landlord`s venture was not likely to succeed; the landlord required downstairs accommodation, and although there was a possibility the plans might fail, they were nevertheless genuine. Appeal dismissed.