Where a commercial tenant enjoys security of tenure they have a right to a new lease when their terms ends.  This can only be defeated where the landlord proves a statutory right to oppose that new lease.

One such right is where the landlord intends to demolish or develop to such an extent that the tenant has to vacate.

This was such a case.  The landlord had all their ducks in a row to prove a genuine intention to develop.   And the tenant accepted that the landlord could not do the work while they were there.  However, the tenant argued that the inevitable disruption meant that other users of the building could technically stop the works at any time.

Maybe so said the judge.  But this was a problem that could be resolved further down the line.  It was not enough to defeat the statutory test.  Out goes the tenant.

This was only a county court judgement of a preliminary issue.  Nevertheless, it is a sensible and important decision and one which, I hope, reflects current judicial thinking. Had it gone the other way, an additional layer would be added to the "ground (f)" test that was never intended by the legislator.  Any future development linked to lease end would need to be scrutinised to determine the effect on those whose quiet enjoyment would be disrupted (and who already enjoy legal protection elsewhere).  It would weaken its effect and could have a profoundly negative impact on the healthy development of property.  

If this is of interest, I'd love to hear from you. Feel free to call on 07816 755372 and let me know how I can help.