Shade v Eric Wright Commercial Ltd [2001] EWCA Civ 950 (14 June 2001)

Shade v Eric Wright Commercial Ltd [2001] EWCA Civ 950 (14 June 2001)

The landlord's intention to demolish and reconstruct was bona fide and substantial; the works could not reasonably be carried out without obtaining possession, as the landlord did not intend to make good all damage or restore the premises as required by the lease; the requirement of 'without unreasonable delay'...

Source-derived case information.

Citation
[2001] EWCA Civ 950
Parties
Claimant/applicant: Janice Shade; Defendant/respondent: Eric Wright Commercial Limited
Jurisdiction
England and Wales
Judgment Date
14 June 2001
Procedural Posture
Application for Permission to Appeal / Renewed Application for Permission to Appeal After Refusal by Lord Justice Potter
Outcome
Application for permission to appeal refused
Legal Topics
Renewal of Business Tenancy, Ground (f) Opposition, Landlord's Intention to Demolish or Reconstruct, Legal Possession for Works
Landlord and Tenant Property Law Renewal of Business Tenancy Ground (f) Opposition Landlord's Intention to Demolish or Reconstruct Legal Possession for Works

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Summary, issues, holding and outcome

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Parties

Janice Shade

Claimant/applicant

Eric Wright Commercial Limited

Defendant/respondent

Procedural Posture

Application for Permission to Appeal / Renewed Application for Permission to Appeal After Refusal by Lord Justice Potter

Legal Issues

  1. 1 Whether the landlord's intention to demolish or reconstruct justified refusal of a new tenancy under section 30(1)(f) of the Landlord and Tenant Act 1954
  2. 2 Whether the landlord could reasonably carry out the works without obtaining possession of the premises

Ratio Decidendi

The landlord's intention to demolish and reconstruct was bona fide and substantial; the works could not reasonably be carried out without obtaining possession, as the landlord did not intend to make good all damage or restore the premises as required by the lease; the requirement of 'without unreasonable delay' would not be fulfilled given the nature and duration of the works.

Court Disposition

Application for permission to appeal refused

Orders

  • Permission to appeal refused