Q&As

When opposing the renewal of a lease under s 30(1)(g) of the Landlord and Tenant Act 1954 where there is more than one individual forming the landlord, do all of these individuals need to intend to occupy or is it sufficient that only one of them will occupy with the remaining individuals having no interest in the business to be operated at the premises?

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Published on LexisPSL on 28/04/2016

The following Property Q&A provides comprehensive and up to date legal information covering:

  • When opposing the renewal of a lease under s 30(1)(g) of the Landlord and Tenant Act 1954 where there is more than one individual forming the landlord, do all of these individuals need to intend to occupy or is it sufficient that only one of them will occupy with the remaining individuals having no interest in the business to be operated at the premises?
  • Grounds for opposing a lease and meaning of landlord
  • Business to be carried out by the landlord
  • Five year exception rule

When opposing the renewal of a lease under s 30(1)(g) of the Landlord and Tenant Act 1954 where there is more than one individual forming the landlord, do all of these individuals need to intend to occupy or is it sufficient that only one of them will occupy with the remaining individuals having no interest in the business to be operated at the premises?

Grounds for opposing a lease and meaning of landlord

Practice Note: Grounds of opposition: ground (g)—landlord's intention to occupy sets out when a landlord may oppose an application for the renewal of a lease under section 30(1)(g) of the Landlord and Tenant Act 1954 (LTA 1954):

'...on the ground that on the termination of the current tenancy he intends to occupy the holding for the purposes, or partly for the purposes, of a business to be carried on by him, or as his residence. He need not show that he intends to make physical use of the whole of the premises comprised in the holding.'

Business to be carried out by the landlord

If all individuals continue to hold the property interest even though the business at the premises will be run by just one of them, is it sufficient that just one of the joint landlord’s will be occupying?

While we have not been able to locate an authority on the specific point raised in

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