Cases - Lawrence v Freeman Hardy & Willis

Record details

Name
Lawrence v Freeman Hardy & Willis
Date
[1959]
Citation
2 AII ER 77, CA
Legislation
Keywords
Lease renewal - ground (g) - own occupation - five-year bar
Summary

The 5-year period is reckoned backwards from the date of termination of the tenant's current tenancy. The date of termination of the tenant's current tenancy is the date specified in the section 25 notice, or in the tenant's request for a new tenancy, ignoring the possible duration of interim continuation under section 64 of the 1954 Act.

On the facts, where the landlord acquired the business of his predecessor in title together with certain freehold and leasehold properties, the fact that no part of the substantial consideration was apportioned to the leasehold reversion in question did not prevent it from being a 'purchase' for the purposes of the Act.

The court also held that the word 'created' is referable to the creation of the landlord's interest and not to the creation of the landlord's title.