TENANTS RIGHTS UNDER THE 1954 LANDLORD & TENANT ACT REINSTATED

By Anthony Lorenz on 05/12/18

After almost five decades of complex Landlord and Tenant Litigation arguments, with a strong bias towards Tenant Rep, we were astounded by the judgement that Landlord, Cavendish Hotel, could throw out their Tenant, S. Franses, who for many years, had occupied a prime retail unit, under the Hotel on the corner of Jermyn Street and Duke Street St James.

The Landlord virtually admitted at the first trial, that his objective was to refuse a new lease to S. Franses, and then, in effect, change his Tenant.

The Supreme Court has now reversed that judgement on appeal, and the Landlord and Tenant Act is back, in full force.

No longer will Landlords be able to come up with bogus schemes, especially where they are financially unviable.

Now that the case has been aired and judged, it may be even more difficult than ever, for Landlords to refuse renewals on questionable intentions.

The Tenant was represented by Joanne Wicks QC and Benjamin Faulkner of Wilberforce Chambers, and David Cooper of David Cooper & Co.

For those interested, a transcript of the case is hereunder;

S FRANCES SUPREME COURT JUDGEMENT 

 

 

Topics: The Landlord & Tenant Act, Legal, Retail Letting, Leasehold Interest, Mayfair, News Article, Commercial Property