Section 30(1)(c) LTA 1954 — a rare case involving the refusal of a landlord to grant a renewal lease
By Paul Kent and Rob Bridgman
As a general rule, if the requirements of section 23 of the Landlord and Tenant Act 1954 (LTA 1954) are satisfied, and the lease is not otherwise ‘outside’ of the LTA 1954, the tenant of commercial premises has a statutory right to be granted a renewal lease upon expiry of its lease. In the event that the landlord does not grant a renewal lease, the tenant may be entitled to receive compensation from the landlord. Whether this compensation is payable or not will depend upon the reason for the landlord’s refusal to grant the new lease.
These reasons — known as ‘the grounds’ — are set out in section 30(1) of the LTA 1954. Litigation involving this section usually relates to ground (f), where the landlord wishes to redevelop the tenant’s premises.
The Court of Appeal has had a rare opportunity to consider the meaning of ground (c). This states that ‘…the tenant ought not to be granted a new tenancy in view of other substantial breaches by him of his obligations under the current tenancy, or for any other reason connected with the tenant’s use or management of the holding’…
Click on the link below to read the rest of the Wragge & Co 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 Wragge Lawrence Graham & Co
News from The Lawyer
Briefings from Wragge Lawrence Graham & Co
CoA also rejects invitations from the parties to refer various questions of law to Europe.
What protection does a Community Trade Mark confer? And how far does the own name defence extend? The Court of Appeal of England and Wales was split in a recent case.