Grounds of opposition: ground (f)—demolition, construction, reconstruction and substantial works
Grounds of opposition: ground (f)—demolition, construction, reconstruction and substantial works

The following Property Disputes guidance note provides comprehensive and up to date legal information covering:

  • Grounds of opposition: ground (f)—demolition, construction, reconstruction and substantial works
  • Intention
  • Party undertaking the works
  • Evidence of intention
  • Evidence of intention—timings
  • Nature or quality of intention
  • Demolition, construction, reconstruction and substantial works
  • Tactical considerations
  • Section 31A
  • Landlord in administration and s 30(1)(f)
  • more

Section 30(1)(f) of the Landlord and Tenant Act 1954 (LTA 1954) provides that one of the grounds on which a landlord can oppose the grant of a new lease is:

‘that on the termination of the current tenancy the landlord intends to demolish or reconstruct the premises comprised in the holding or a substantial part of those premises or to carry out substantial work of construction on the holding or part thereof and that he could not reasonably do so without obtaining possession of the holding.’

Accordingly, a landlord who wishes to oppose the grant of a new lease may do so under LTA 1954, s 30(1) by specifying ground of opposition (f), if they can show that on the termination of the current tenancy they intend to:

  1. demolish or reconstruct the premises comprised in the holding or a substantial part of those premises, or

  2. carry out substantial work of construction on the holding or part thereof

and that they could not reasonably do so without obtaining possession of the holding.

Intention

The landlord must show both:

  1. a fixed and settled desire to do that which they say they intend to do (the project must move ‘out of the zone of contemplation…into the valley of decision’), and

  2. a reasonable prospect of being able to bring about the desired result

The landlord will fail in