header-logo header-logo

26 September 2014 / Steven Woolf
Issue: 7623 / Categories: Features , Landlord&tenant , Property
printer mail-detail

Weighing up justice

The judge’s discretion on a 1954 Act tenancy renewal still carries a great deal of weight, says Steven Woolf

The Court of Appeal has in Youseffi v Mussellwhite[2014] EWCA Civ 885 recently revisited the extent of the judge’s discretion when determining how the grounds for opposition advanced by a landlord under s 30(1) of the Landlord and Tenant Act 1954 (LTA 1954) should operate.

The legislation

As is well known, a landlord has to rely upon at least one of seven available grounds under s 30(1) of LTA 1954 in opposition to a request for the renewal of a commercial tenancy. In respect of grounds (a), (b) and (c), a landlord has also to satisfy a court that, in the exercise of the judge’s discretion, a new lease “ought not to be granted”.

Application of the law

What is interesting is the interaction between the past and the future. In the first place the court has to establish (as a matter of fact) that, for example, under ground (a) there has been a failure to comply with repairing obligations or,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll