Associate Harriet Allsop has been quoted in an article published in Property Week which discusses the limitations of the 1954 Landlord and Tenant Act following a recent court case, Sainsbury’s Supermarkets vs Medley Assets.
The dispute, in which landlord Medley Assets’ opposition to the grant of a new tenancy was ruled to have failed and the path was cleared for Sainsbury’s to renew its lease, serves as a cautionary tale to landlords.
The Sainsbury’s Supermarkets vs Medley Assets case serves as a salient warning to landlords that simply having detailed plans and/or a scheme of works will not necessarily be enough to satisfy ground (f). The landlord must also be able to demonstrate that the works are practicably and feasibly possible and are compliant in other areas, including regulatory and safety requirements."
The decision was of particular interest because it allowed the tenant to take advantage of a quirk of the 1954 act process, which means there will usually be two ‘trials’: the first on whether the landlord has satisfied ground (f); and, if not, the second trial addresses the terms of the new lease to be granted to the tenant.”
The full article is available online at Property Week, by subscription only.
Harriet Allsop is an associate in the property litigation team advising business and individuals in disputes relating to both commercial and residential properties.
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