Cases - Hurstfell Ltd v Leicester Square Property Co Ltd
Record details
- Name
- Hurstfell Ltd v Leicester Square Property Co Ltd
- Date
- [1988]
- Citation
- 2 EGLR 189, CA
- Legislation
- Keywords
- Lease renewal
- Summary
-
The onus is on the landlord to persuade the court not to grant a new tenancy. However, the tenant is obliged to explain the reasons for the past failures and to satisfy the court that if a new lease were granted, the rent would be paid on time. On the facts, the judge was satisfied with the tenant's explanation of the past failures (tenant had bought a bankrupt plastic toy enterprise from a company in liquidation) and was also satisfied that there would be no recurrence. Although there was less evidence to support the latter conclusion and financial evidence arguably pointing to the contrary, the Court of Appeal refused to interfere with the judge's findings.