S Franses Ltd v The Cavendish Hotel (London) Ltd

Landlord and Tenant – New tenancy. Section 30(1)(f) of the Landlord and Tenant Act 1954 assumed that the landlord's intention to demolish or reconstruct the premises was being obstructed by the tenant's occupation. Hence the requirement that the landlord 'could not reasonably do so without obtaining possession of the holding'. In allowing the tenant's leapfrog appeal to the Supreme Court against the High Court judge's decision to refuse to grant the tenant a new tenancy on the basis that the landlord had genuinely intended to carry out the works at issue and that ground 30(1)(f) had been made out, the Supreme Court held that the landlord did not intend, within the meaning of s 30(1)(f), to carry out the works specified in the scheme of works relied upon in opposition to the tenant's application for a new tenancy.

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