Ivorygrove Ltd. v Global Grange Ltd [2003] EWHC 1409 (Ch) (18 June 2003)

Ivorygrove Ltd. v Global Grange Ltd [2003] EWHC 1409 (Ch) (18 June 2003)

The judge was entitled to find, as a matter of fact and degree, that the proposed works—including removal and reconstruction of partitions, installation of a larger lift, structural works to floors and basement, and associated ancillary works—constituted demolition or reconstruction of a substantial part of the premises and/or substantial work of construction under section 30(1)(f) of the Landlord and Tenant Act 1954. There is no legal requirement that such works must involve load-bearing or structural elements exclusively; the statutory test is satisfied on the facts found.

Citation
[2003] EWHC 1409 (Ch)
Parties
Appellant/claimant: Ivorygrove Limited; Respondent/defendant: Global Grange Limited
Jurisdiction
England and Wales
Judgment Date
18 June 2003
Procedural Posture
Appeal From County Court (central London) / Judgment on Appeal
Outcome
Permission to appeal granted; appeal dismissed.
Legal Topics
Security of Tenure, Business Tenancies, Section 30(1)(f) Landlord and Tenant Act 1954, Demolition and Reconstruction, Substantial Works of Construction
Landlord and Tenant Property Law Security of Tenure Business Tenancies Section 30(1)(f) Landlord and Tenant Act 1954 Demolition and Reconstruction Substantial Works of Construction

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Parties

Ivorygrove Limited

Appellant/claimant

Global Grange Limited

Respondent/defendant

Procedural Posture

Appeal From County Court (central London) / Judgment on Appeal

Legal Issues

  1. 1 Does section 30(1)(f) of the Landlord and Tenant Act 1954 require works to involve the structure or load-bearing elements of the premises?
  2. 2 Can the removal and reconstruction of partition walls and general refurbishment constitute 'demolition or reconstruction of a substantial part' or 'substantial work of construction' under section 30(1)(f)?
  3. 3 Did the judge err in law or misdirect himself in finding that the proposed works satisfied section 30(1)(f)?

Ratio Decidendi

The judge was entitled to find, as a matter of fact and degree, that the proposed works—including removal and reconstruction of partitions, installation of a larger lift, structural works to floors and basement, and associated ancillary works—constituted demolition or reconstruction of a substantial part of the premises and/or substantial work of construction under section 30(1)(f) of the Landlord and Tenant Act 1954. There is no legal requirement that such works must involve load-bearing or structural elements exclusively; the statutory test is satisfied on the facts found.

Court Disposition

Permission to appeal granted; appeal dismissed.

Orders

  • Permission to appeal is granted.
  • The appeal is dismissed.