The Supreme Court has today released its first decision on the Landlord and Tenant Act 1954, S Franses Ltd. v. The Cavendish Hotel (London) Ltd. The Court had to resolve two critical issues on the meaning of “Ground (f)”:
The commercial reality is that the landlord is proposing to spend a sum of money to obtain vacant possession. … The result is that no overriding interest of the landlord will be served which section 30 can be thought to protect. The right to obtain vacant possession on the expiry of the existing term, which is all that the landlord is getting for his money, is not in itself an interest protected by section 30. On the contrary, in a case where the parties have not agreed to contract out of statutory protection, it is the very interest that Part II of the Act is designed to restrict.
Lord Sumption went on to hold that the drafting of s.30(1)(f) and s.31A showed that the landlord’s intention to demolish or reconstruct the premises must exist independently of the tenant’s statutory claim to a new tenancy, so that the tenant’s right of occupation under a new lease would serve to obstruct it. The landlord's intention to carry out the works cannot therefore be conditional on whether the tenant chooses to assert his claim to a new tenancy and to persist in that claim. The “acid test” is whether the landlord would intend to do the same works if the tenant left voluntarily. Lord Briggs added that in many cases, the testing as to whether the landlord's intention was conditional would “probably give rise to factual questions of some nicety, incapable of resolution by the proffer of a simple undertaking to the court, as happens at present”, and that that consideration “may introduce an element of complexity and expense into proceedings in the County Court which, for many years, have yielded to a simple technique for speedy resolution.” Nic Taggart acted for the landlord, led by Guy Fetherstonhaugh QC of Falcon Chambers.