Opposing a tenant’s application to renew its lease under the Landlord and Tenant Act 1954 is not without its problems, not least in terms of what the landlord will need to do to convince the court. This practical session looks at all 7 grounds of opposition, which to use when and why some are more equal than others:
- Discretionary grounds: when and how to use them – the need to plan ahead
- Mandatory grounds: planning, contracts, finance and the crucial role of undertakings
- Intention: conditionality, motive and utility – the view from the Supreme Court in S Franses v Cavendish
- Ground (g): sub-leases and limited undertakings: Frozen Value v Heron Foods; Ahmed v Gulf
- Why early engagement with the tenant can help – and when it doesn’t: Inclusive Technology
As a result of watching this video, delegates will:
- Understand which grounds of opposition to tenants’ renewal rights, under the Landlord and Tenant Act 1954, are the most useful, and why
- Be able to advise on the problems of conditional ‘intention’ for grounds (f) and (g) and the need for works to have utility and certainty
- Be alert to the need for clarity in undertakings
- Be aware of the evidence the court will expect to prove each of the statutory grounds of opposition, and when it must be produced
Sarah Thompson-Copsey is a former property litigation partner at the City law firm now known as Dentons, handling all types of commercial property problems, but with an emphasis on avoiding & resolving commercial landlord and tenant disputes. Sarah now works as a freelance lecturer, trainer and author and lectures & writes regularly on commercial property topics, as well as providing independent auditing and consulting services for law firms.
Sarah is co-author of Tenants’ Pre-emption Rights: A landlord’s guide to the Landlord and Tenant Act 1987 (Jordans) and Mixed Use and Residential Tenants’ Rights: The Landlord and Tenant Act 1987 and Leasehold Enfranchisement, (Elsevier 2009). She is also on the property consultation board of Practical Law Company and a site editor for the Property Law website at www.propertylawuk.net.