Cases - Lyons v Central Commercial Properties Ltd
Record details
- Name
- Lyons v Central Commercial Properties Ltd
- Date
- [1958]
- Citation
- 1 WLR 869
- Legislation
- Keywords
- Lease renewal
- Summary
-
The majority of the Court of Appeal (Harman J dissenting) held that the discretion (whether to refuse the grant of a new tenancy based on the state of repair of the premises) was a wide one and that the court could take account of all relevant circumstances, including what is likely to happen if a new tenancy is granted.
The court refused to grant the tenant a new tenancy despite him giving an undertaking to carry out all works of repair for which he was liable under his underlease. The court took into account the fact that the tenant had nearly a year to remedy the breaches but did not do so, that there were severe breaches, and that the tenant was not a small man likely to lose his livelihood, therefore not the sort of person who should be given relief.