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P F Ahern & Sons Ltd v Hunt and others

Language: English Series: Estates Gazette ; (8821) 28 May 1988, 69-73(3)Publication details: 1988Subject(s): Summary: CA 24 February 1988. Appeal by tenants (A) from a cc decision dismissing an application for a new tenancy . The issue was whether the landlords (H) had established their intention to carry out works within the meaning of Landlord and Tenant Act 1954 s30(1)(f) . It was common ground that a landlord could not satisfy para (f) if his intention was to sell the premises outright to enable a purchaser to carry out the works, but that it was sufficient if the intention was that work should be done by the mechanism of a building lease. H intended carrying out redevelopment by the creation of such a lease and satisfied para (f). A submitted that evidence showed that H had not settled the method of redevelopment. H`s professional adviser, a chartered surveyor , advised that the method should be by way of a 125-year building lease. It was found that the requisite intention mentioned in s30(1)(f) was satisfied. Appeal dismissed.
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Law report London Journal article ABS39346 (Browse shelf(Opens below)) 1 Available 16065-1001

CA 24 February 1988. Appeal by tenants (A) from a cc decision dismissing an application for a new tenancy . The issue was whether the landlords (H) had established their intention to carry out works within the meaning of Landlord and Tenant Act 1954 s30(1)(f) . It was common ground that a landlord could not satisfy para (f) if his intention was to sell the premises outright to enable a purchaser to carry out the works, but that it was sufficient if the intention was that work should be done by the mechanism of a building lease. H intended carrying out redevelopment by the creation of such a lease and satisfied para (f). A submitted that evidence showed that H had not settled the method of redevelopment. H`s professional adviser, a chartered surveyor , advised that the method should be by way of a 125-year building lease. It was found that the requisite intention mentioned in s30(1)(f) was satisfied. Appeal dismissed.