Landlords Opposition to Grant of a New Business Tenancy

In the recent case of Hough v. Greathall (2015), the Court of Appeal has confirmed that a landlord who opposes the grant of a new business tenancy on the grounds of redevelopment must establish its intention at the hearing date and not at the date of service of notice.

This decision thereby confirms the principles set out in 2003 by Parliament not to change the law as to the timing for the demonstration of the landlord’s relevant intention for the purpose, the only requirement being for the landlord to state whether it was opposed to the grant of a new tenancy and, on which grounds, the procedure under the 1954 Act requiring the landlord to make good on its opposition at the date of hearing.