Cases - Pumperninks of Piccadilly Ltd v Land Securities plc
Record details
- Name
- Pumperninks of Piccadilly Ltd v Land Securities plc
- Date
- [2002]
- Citation
- EWCA Civ 621
- Legislation
- Keywords
- Landlord and tenant – business premises – landlord’s intention to redevelop – whether landlord’s proposed works amounted to demolition or reconstruction of “eggshell” premises - Landlord and Tenant Act 1954, s30(1)(f)
- Summary
-
The landlord opposed the tenant's application for a new tenancy on the redevelopment ground of section(1) paragraph (f) of the 1954 Act. The current demise was only of the internal 'skin' of that part of the building occupied by the tenant, all load bearing structures being specifically excluded. The landlord intended to carry out works on the building including removal of the 'skin' enclosing the tenant's premises, so that what had been the tenant's premises would become part of a larger open space. The landlord argued that the intended work amounted to demolition and reconstruction and that the work could not reasonably be carried out without his obtaining legal possession. The tenant argued that section 31A of the 1954 Act should apply, namely that he was willing to include, in the terms of the new tenancy, terms giving the landlord access and facilities to carry out the work. The court disagreed with the tenant, holding that the work in question would result in the tenant being unable to use the premises demised by the new tenancy for the purposes of its business without it reinstating those parts of the premises the landlord intended to remove. Therefore the work could not reasonably be carried out without granting the landlord legal possession.