Commercial Leases
Business lease renewal – ground (f) opposition – substantial works – intention (not motive) of landlord – timescale for carrying out the proposed works
S’Franses Ltd v The Cavendish Hotel (London) Ltd [2017] EWHC 1670 (QB) (3 July 2017)
This case has raised something of a stir in the sector. In essence a landlord, evidently desperate to obtain vacant possession
of the holding formed an intention to carry out what might be termed unnecessary or uncommercial works with the sole motive
of obtaining possession. The court had to consider both intention and motive and also the timescale within which the proposed
works might be carried out. We highlight the case in brief, because although this was a second appeal, we understand that
application has been made for permission to appeal to the Court of Appeal.