Georgina Muskett contributes to PropLaw on the Landlord and Tenant Act and opposing lease renewal on the ground of redevelopment
min readA recent High Court decision is an important reminder of the hurdles that must be overcome when opposing lease renewals on the ground of redevelopment. What is the evidential burden necessary to satisfy the court?
The case of Pridewell v Spirit Pub Company [2026] was unusual in that the landlord did not yet have planning permission (and had not applied for planning).
Ultimately, the landlord’s case fell on the issue of evidencing funding; the judge commented, but did not decide the case on the fact that there was a timing issue in showing that the landlord intended to carry out its plans on the termination of the tenancy.
Georgina Muskett, Senior Associate in our Real Estate Disputes team, comments in PropLaw:
The landlord in this case fell down on the objective test and the question of funding. The key takeaway here is that landlords, must be prepared to prove that they have a reasonable prospect of obtaining funding for the proposed works.
Read the full article in PropLaw here.
