Wandsworth LBC v Singh
Wandsworth LBC v Singh
- 1991
- Property and Compensation Reports (1991) 62 P&CR 219-232(8) .
CA 5 March 1991. A small public open space had been used for at least 13 years by residents for recreation. In 1977 it was owned by the GLC who leased it to the local council, who improved and maintained it. The lease was to be determined after a certain date by notice under Landlord and Tenant Act 1954 Part II. This was given and in December 1988 the council (W) applied for a new lease. By that time the GLC had become the London Residuary Body. In January 1988 it sold the site to S who wished to develop it commercially. Upon the first trial W was granted a declaration that it had a tenancy under the Landlord and Tenant Act 1954 s23 and was entitled to a new one. S appealed. This was dismissed on the grounds that W had shown more than passive management of the site and there were no sub-tenants or licensees competing for the role of occupier. There was no need for occupation to be continuous as long as the right to occupy continued.
BUSINESS TENANCIES
CONTINUOUS OCCUPATION
LANDLORD AND TENANT ACT 1954 S23
NEW TENANCIES
PUBLIC OPEN SPACE
CA 5 March 1991. A small public open space had been used for at least 13 years by residents for recreation. In 1977 it was owned by the GLC who leased it to the local council, who improved and maintained it. The lease was to be determined after a certain date by notice under Landlord and Tenant Act 1954 Part II. This was given and in December 1988 the council (W) applied for a new lease. By that time the GLC had become the London Residuary Body. In January 1988 it sold the site to S who wished to develop it commercially. Upon the first trial W was granted a declaration that it had a tenancy under the Landlord and Tenant Act 1954 s23 and was entitled to a new one. S appealed. This was dismissed on the grounds that W had shown more than passive management of the site and there were no sub-tenants or licensees competing for the role of occupier. There was no need for occupation to be continuous as long as the right to occupy continued.
BUSINESS TENANCIES
CONTINUOUS OCCUPATION
LANDLORD AND TENANT ACT 1954 S23
NEW TENANCIES
PUBLIC OPEN SPACE