000 01787cab a2200205 4500
001 L130855
008 050907n2005 000 0 eng u
035 _a(Sirsi) u130855
041 _aeng
100 _aRoss, Jonathan
245 _aCase news: Dogan v Semali Investments
260 _c2005
490 _aProperty Week
_v70(34) 26 August 2005, 63(1)
520 _aConsiders "Dogan v Semali Investments" ([2005] EWCA Civ 1036, [2005] 50 EG 92-97(6)defendant landlord (S) appealed against judege's decision under section 30(1)(f) of the Landlord and Tenant Act 1954. Under this section of the Act, a landlord can oppose renewal of a lease of business premises if it can show an intention to demolish, reconstruct or carry out extensive construction works. S had gained planning permission to carry out an extension to it's property. However this work was dependant on gaining access to the property via an agreement with an NHS trust. At the original trial these negotiations had broken down, and S produced expert evidence that stated that the scheme could go ahead in a limited manner without the access. The judge did not believe that the landlord had any intention to proceeding with the scheme and accordingly decided that the tenant should have a new lease. The CA disagreed with the judge, and that, he did not have proper regard for the expert evidence. In addition S had gained planning consent for the revised scheme.
590 _aIKA130905
650 _aLANDLORD AND TENANT ACT 1954
690 _aPROPERTY-COMMERCIAL PROPERTY-LEASEHOLD COMMERCIAL PROPERTY-COMMERCIAL LANDLORD AND TENANT-COMMERCIAL LEASES-COMMERCIAL LEASE RENEWAL
856 _uhttps://www.bailii.org/ew/cases/EWCA/Civ/2005/1036.html
_zView the case free of charge at www.bailii.org...
942 _n0
999 _c75839
_d75839