Cases - Heath v Drown
Record details
- Name
- Heath v Drown
- Date
- [1973]
- Citation
- AC 498
- Legislation
- Keywords
- Lease renewal - ground (f) - redevelopment
- Summary
-
Possession means legal possession and not physical possession. There must be a legal right for the landlord to do the works under the terms of the current tenancy in order for it to be found that the landlord does not require 'possession'.
Where the landlord has rights under the tenancy for entering and carrying out the proposed works, he was not able to show that legal possession was required and was irrelevant that the tenant would have been prevented from having access to the premises for his business while the works were in progress. As a result, he failed to establish the necessary intention under ground (f).