Demolition prospects
Murdoch, Sandi
Demolition prospects - 2006 - Estates Gazette (0615) 15 April 2006, 133(1) .
Discusses the recent CA judgment "Wessex Reserve Forces and Cadets Association v White" ([2005] EWCA Civ 1744, unreported) where the court had to consider novel issues in respect of the Landlord and Tenant Act 1954 Part II. It had to decide whether landlords could successfully oppose an application for a statutory renewal under Part II of the 1954 Act where they intended to demolish structures that amounted mostly to tenant's fixtures. Key points of the case were that tenant's fixtures are part of a holding for the purpose of para f of S30(1) and that a landlord cannot prove any intention to demolish by relying on the prospect of the tenant removing its own fixtures at the end of the tenancy.
WESSEX RESERVE FORCES AND CADETS ASSOCIATION V WHITE AND ANOTHER
LANDLORD AND TENANT ACT 1954 S30(1)(F)
LANDLORD AND TENANT ACT 1954 PART II
Demolition prospects - 2006 - Estates Gazette (0615) 15 April 2006, 133(1) .
Discusses the recent CA judgment "Wessex Reserve Forces and Cadets Association v White" ([2005] EWCA Civ 1744, unreported) where the court had to consider novel issues in respect of the Landlord and Tenant Act 1954 Part II. It had to decide whether landlords could successfully oppose an application for a statutory renewal under Part II of the 1954 Act where they intended to demolish structures that amounted mostly to tenant's fixtures. Key points of the case were that tenant's fixtures are part of a holding for the purpose of para f of S30(1) and that a landlord cannot prove any intention to demolish by relying on the prospect of the tenant removing its own fixtures at the end of the tenancy.
WESSEX RESERVE FORCES AND CADETS ASSOCIATION V WHITE AND ANOTHER
LANDLORD AND TENANT ACT 1954 S30(1)(F)
LANDLORD AND TENANT ACT 1954 PART II