Georgina Muskett and Karin Mouhon write for Property Week on the importance of preparation when proposing site redevelopments
A couple of recent legal cases provide a useful reminder to landlords about what evidence they will need to oppose a business lease renewal under the Landlord and Tenant Act 1954 on redevelopment grounds.
Among other things, a landlord needs to show both a subjective and an objective intention to undertake the proposed redevelopment. That intention will need to be demonstrated at trial.
- GT Motoring Solutions v Williams 2023
- Man v Back Inn Time Diner 2023
These cases show the importance of being well prepared and having the right evidence to support a claim opposing a business lease renewal on redevelopment grounds. Far better to front load preparations than be underprepared and risk having a renewal lease imposed by the court and being exposed to an adverse costs order.
Read the full article in Property Week here.