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Youseffi v Mussellwhite [2014] EWCA Civ 885

DATE: 02 Jul 2014

Thomas acted for a business tenant in an appeal against an order terminating her tenancy of retail premises on grounds (a), (b) and (c ) of section 30(1) of the Landlord and Tenant Act 1954. The issues were (i) the correct tests to be applied in considering the grounds of opposition under s.30(1)(a), s.30(1)(b) and s.30(1)(c); (ii) whether the judge had been correct in holding that there had been a breach of the implied obligation to use the premises in a tenant-like manner; (iii) whether Y had breached the access covenant; (iv) whether Y had breached the user covenant by failing to open the premises as a shop. The Court of Appeal allowed the appeal in part.

The full judgement is available here.