Cases - Zarvos v Pradhan

Record details

Name

Zarvos v Pradhan

Date

[2003]

Citation

EWCA Civ 208

Legislation

Landlord and Tenant Act 1954

Keywords

Landlord and tenant – business premises – landlord’s intention to occupy premises for own business – whether intention genuine – real prospect of carrying on own business - Landlord and Tenant Act 1954, s30(1)(g)

Summary

The landlord opposed the tenant's application for a new tenancy on the ground, in section(1) paragraph (g) of the 1954 Act, that he intended to occupy the premises for the purposes of a business to be carried on by him. The County Court judge held that there was no reasonable prospect of the landlord successfully being able to put his plan into operation; and that the purported intention was a device simply to obtain possession to use the premises for other purposes. The Court of Appeal confirmed this and held that if the landlord's intention is obviously not genuine, the court does not then have to go on to investigate the prospects of success. Conversely, if the evidence shows that there is no reasonable prospect of success, the court need not examine the genuineness of the landlord's intention.