One of the most discussed cases of last year is heading to the Supreme Court next week, raising the important question of what intention a landlord is required to show in order to refuse a new lease on grounds of redevelopment plans.
The appeal in S Franses v Cavendish Hotel (London) Ltd [2017] EWHC 1670 (QB); [2017] EGLR 34, a case that raises profound issues in relation to the proper operation of ground (f) of section 30(1) of the Landlord and Tenant Act 1954, will be heard by the highest court next Wednesday.
The case involves a dispute between landlord the Cavendish Hotel at Jermyn Street, London W1, and S Franses, its tenant of premises at 80 Jermyn Street, which carries on business as a textile dealership and consultancy, specialising in antique tapestries and textile art.
The tenant applied under the 1954 Act for a new tenancy, but this was dismissed on the basis that the landlord had made out its ground of opposition under section 30(1)(f).
At the High Court, Jay J sided with the landlord, finding that the requisite intention under ground (f) was demonstrated, even though the evidence was that the landlord’s motive for redevelopment was to get rid of the tenant.
In advance of the hearing, we spoke to Joanne Wicks QC and Ben Faulkner, of Wilberforce Chambers, who act for the tenant.
They explain just why the case has attracted so much industry interest, and take us through its journey through the courts so far – as well as analysing the practical effect of the decision as it stands, and the arguments raised in next week’s appeal.
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