Zafiris & Anor v Liu [2005] EWCA Civ 1698 (27 January 2005)

Zafiris & Anor v Liu [2005] EWCA Civ 1698 (27 January 2005)

Mr Liu failed to discharge the burden of proving a settled intention to occupy No 81 for the purposes of a business to be carried on by him, rather than by his wife; the evidence showed the business would remain Mrs Liu's and not a legal partnership or business of Mr Liu.

Citation
[2005] EWCA Civ 1698
Parties
Claimant/respondent: Panayiotis Zafiris; Claimant/respondent: Mavis Zafiris; Defendant/appellant: Wai Lung Liu
Jurisdiction
England and Wales
Judgment Date
27 January 2005
Procedural Posture
Appeal / Appeal From Trial of Preliminary Issue in Sheffield County Court
Outcome
Appeal dismissed
Legal Topics
Security of Tenure, Business Tenancy Renewal, Landlord's Intention to Occupy, Section 30(1)(g) Landlord and Tenant Act 1954
Landlord and Tenant Property Law Security of Tenure Business Tenancy Renewal Landlord's Intention to Occupy Section 30(1)(g) Landlord and Tenant Act 1954

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Parties

Panayiotis Zafiris

Claimant/respondent

Mavis Zafiris

Claimant/respondent

Wai Lung Liu

Defendant/appellant

Procedural Posture

Appeal / Appeal From Trial of Preliminary Issue in Sheffield County Court

Legal Issues

  1. 1 Whether landlord intended to occupy premises for purposes of a business to be carried on by him under section 30(1)(g) Landlord and Tenant Act 1954
  2. 2 Degree of involvement required for husband and wife to qualify under statute
  3. 3 Level of certainty required when planning permission is needed

Ratio Decidendi

Mr Liu failed to discharge the burden of proving a settled intention to occupy No 81 for the purposes of a business to be carried on by him, rather than by his wife; the evidence showed the business would remain Mrs Liu's and not a legal partnership or business of Mr Liu.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs agreed in the sum of £4,935.29 inclusive of VAT