Wessex Reserve Forces and Cadets Association v White and another
Wessex Reserve Forces and Cadets Association v White and another
- 2005
- Estates Gazette [2006] 13 EG 142-146 (5) .
CA, 1 December 2005. Concerns the validity of the ground for opposing the granting of a new tenancy applied for under the Landlord and Tenant Act 1954 s24(1). Appeal by the landlords (L) against a decision ([2005] EWHC 983 (QB), [2005] 22 EG 132 (CS)) that they were not entitled to oppose the application of the respondents (W) under s30(1)(f) of the Act for a new tenancy on the ground that they intended to demolish the entire premises or a substantial part of them upon the termination of the tenancy and that they could not do so without obtaining possession of the holding. W had erected two buildings to be removed on termination. S30(1)(f) was not satisfied since it would require removal of the structures by the landlords and of their own volition. A landlord cannot acquire a ground for opposition to a new tenancy based upon the tenant exercising its own right of severance. "Held": appeal dismissed. The s30(1)(f) ground had not been made out. If W demolished the existing structures as obliged under the lease there would be upon the termination of the tenancy no buildings there in respect of which the appellants could have an intention to demolish.
WESSEX RESERVE FORCES AND CADETS ASSOCIATION V WHITE AND ANOTHER
LANDLORD AND TENANT ACT 1954 S30(1)(F)
LANDLORD AND TENANT ACT 1954 S25
LANDLORD AND TENANT ACT 1954 S24
GREGSON V CYRIL LORD LTD
CA, 1 December 2005. Concerns the validity of the ground for opposing the granting of a new tenancy applied for under the Landlord and Tenant Act 1954 s24(1). Appeal by the landlords (L) against a decision ([2005] EWHC 983 (QB), [2005] 22 EG 132 (CS)) that they were not entitled to oppose the application of the respondents (W) under s30(1)(f) of the Act for a new tenancy on the ground that they intended to demolish the entire premises or a substantial part of them upon the termination of the tenancy and that they could not do so without obtaining possession of the holding. W had erected two buildings to be removed on termination. S30(1)(f) was not satisfied since it would require removal of the structures by the landlords and of their own volition. A landlord cannot acquire a ground for opposition to a new tenancy based upon the tenant exercising its own right of severance. "Held": appeal dismissed. The s30(1)(f) ground had not been made out. If W demolished the existing structures as obliged under the lease there would be upon the termination of the tenancy no buildings there in respect of which the appellants could have an intention to demolish.
WESSEX RESERVE FORCES AND CADETS ASSOCIATION V WHITE AND ANOTHER
LANDLORD AND TENANT ACT 1954 S30(1)(F)
LANDLORD AND TENANT ACT 1954 S25
LANDLORD AND TENANT ACT 1954 S24
GREGSON V CYRIL LORD LTD