| Source: | All England Reporter |
| Publisher Citation: | [2012] All ER (D) 94 (May) |
| Neutral Citation: | [2012] EWCA Civ 596 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Maurice Kay, Rimer and Tomlinson LJJ |
| Representation | Nicholas Dowding QC and Mark Sefton (instructed by DLA Piper UK LLP) for the claimant. |
| Christopher Nugee QC and David Holland QC (instructed by Eversheds LLP) for the defendant. | |
| Judgment Dates: | 10 May 2012 |
Catchwords
Landlord and tenant - Lease - Option to renew - Defendant opposing grant of new tenancy to claimant company on basis of intention to occupy premises - Claimant commencing proceedings against defendant seeking grant of new tenancies - Judge finding defendant intending to occupy holdings for purposes, or partly for the purposes, of business to be carried on by it therein - Whether judge erring - .
The Case
Landlord and tenant Lease. The Court of Appeal, Civil Division, upheld a finding that the defendant landlord had established a genuine intention to re-occupy premises leased to the claimant upon the expiry of the claimant's leases, and had accordingly defeated the claim for the grant of a new tenancy.
Practice Areas
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