Hough v Greathall Ltd

Hough v Greathall Ltd

The landlord's intention to demolish or reconstruct under section 30(1)(f) of the Landlord and Tenant Act 1954 must be established at the date of the hearing, regardless of the wording change in section 25(6); the statutory amendment did not alter the settled law as to timing.

Parties
Claimant/appellant: Richard Hough; Defendant/respondent: Greathall Limited
Jurisdiction
England and Wales
Judgment Date
27 January 2015
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Business Tenancies, Security of Tenure, Termination of Tenancy, Intention to Demolish or Reconstruct, Section 30(1)(f) Landlord and Tenant Act 1954
Landlord and Tenant Property Law Business Tenancies Security of Tenure Termination of Tenancy Intention to Demolish or Reconstruct Section 30(1)(f) Landlord and Tenant Act 1954

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Richard Hough

Claimant/appellant

Greathall Limited

Defendant/respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 What is the relevant date for establishing a landlord's intention to demolish or reconstruct under section 30(1)(f) of the Landlord and Tenant Act 1954?
  2. 2 Does the change in wording in section 25(6) of the Act alter the timing for proof of intention?

Ratio Decidendi

The landlord's intention to demolish or reconstruct under section 30(1)(f) of the Landlord and Tenant Act 1954 must be established at the date of the hearing, regardless of the wording change in section 25(6); the statutory amendment did not alter the settled law as to timing.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • Mr Hough is not entitled to an order for the grant of a new tenancy.