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ARTICLE · 09 AUGUST 2019

Opposing A Lease Renewal On Redevelopment Grounds – A Helpful Case For Landlords

Opposing a lease renewal on redevelopment grounds – a helpful case for landlords.

BelgiumReal Estate and Construction

The case of London Kendal Street No3 Limited v Daejan Investments Limited (2019) provides some useful guidance on what a landlord needs to show in order to successfully oppose a tenant's right to renew its tenancy on the ground that the landlord intends to demolish or reconstruct the tenant's premises.

A landlord's right to redevelop

The most commonly used ground by landlords to oppose a tenant's right to renew under the Landlord and Tenant Act 1954 (the "Act") is set out in section 30(1)(f) of the Act. Under ground (f), a landlord may oppose renewal if:

"on the termination of the current tenancy the landlord intends to demolish or reconstruct the premises comprised in the holding or a substantial part of those premises or to carry out substantial work of construction on the holding or part thereof and that he could not reasonably do so without obtaining possession of the holding"

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