Landlord’s Opposition to Lease Renewal

The Court of Appeal has considered a landlord’s opposition to the lease renewal, of a business tenancy protected under the Landlord and Tenant Act 1954 (LTA 1954), on the basis of disrepair and breaches of covenant.

The court found that the tenant’s failure to allow access to the property, and its failure to open a business, were substantial breaches of the lease, and each was sufficient on its own to satisfy ground 30(1)(c) of the LTA 1954. This meant that the tenant was not entitled to the grant of a new tenancy.

(Youssefi v Mussellwhite [2014] EWCA Civ 885.)