Star Pubs Trading v Gunmakers Arms

A landlord, which is a brewery, successfully opposed the grant of a new tenancy of a pub under the own occupation ground in section 30(1)(g) of the Landlord and Tenant Act 1954 in circumstances in which it proposed to enter into what it called a Management Services Agreement with a separate company. The court held that the agreement was neither a sham nor a tenancy and gave the landlord a sufficient degree of control to constitute the business as that of the landlord.

David Holland KC acted for the landlord.

A copy of the judgment may be accessed here.