Lawbite: when a business tenancy ‘ought not’ to be renewed
Youssefi v Mussellwhite  EWCA Civ 885 and Horne & Meredith Properties Ltd v Cox  All ER (D) 194 concern opposition to lease renewals on the grounds of the tenant’s breach of covenant (‘grounds (a), (b) and (c)’ under section 30(1) of the Landlord and Tenant Act 1954).
The Horne case demonstrated that a landlord relying upon ground (c) (‘other substantial breaches of the tenancy or any other reason connected with the tenant’s use or management of the holding’) does not always have to demonstrate that the tenant has breached its covenants, so long as there is a sufficiently compelling ‘other reason’. In Horne, it was a history of the tenant harassing the landlord with vexatious litigation over a prolonged period.
In Youssefi, the landlord opposed the grant of a renewal lease on three grounds: breach of repair and maintenance obligations — ground (a); persistent delay in paying rent — ground (b); and other substantial breaches of the tenancy or any other reason connected with the tenant’s use or management of the holding — ground (c)…
Click on the link below to read the rest of the Eversheds briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Eversheds
News from The Lawyer
Analysis from The Lawyer
Eversheds is no stranger to an international tie-up but now it’s in the market for the jewel in its global crown
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all