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UK county court rules in favour of tenant refusing landlord break into renewal lease

Copyright © 2025 LexisNexis

Published on: 24 August 2023

Published by a LexisNexis Property Disputes expert

Table of contents

Dispute background
Split decision
Landlord's break option
Valuation evidence
'Independent' experts
Osborne Clarke comment

Article summary

Property Disputes analysis: BMW (UK) Ltd v K Group Holdings Ltd is the latest decision on lease renewals under the Landlord and Tenant Act 1954 (LTA 1954) (which itself is being reviewed by Law Commission). This decision highlights the need for landlords to demonstrate ‘genuine and workable’ redevelopment intention when seeking a break right and for both parties to appoint genuinely independent experts without any bias in their written reports. Written by Colette Brimble, senior knowledge lawyer at Osborne Clarke, and Donal Kelly, associate director at Osborne Clarke.

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