The Court of appeal allowed a landlord’s appeal against a ruling that he had failed to establish either limb of the “intention” test under section 30(1)(g) of the Landlord and Tenant Act 1954. The Judge had failed to explain why he had not accepted the landlord’s evidence as to his subjective intention. The Judge had also erred in finding that 2 years occupation of the premises under the then current planning legislation was insufficient to establish the objective limb.
David Holland QC acted for the Appellant landlord.
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