Cases - Turner and Bell v Searles (Stanford-le-Hope) Ltd

Record details

Name

Turner and Bell v Searles (Stanford-le-Hope) Ltd

Date

[1977]

Citation

33P & CR 208

Legislation

Town and Country Planning Act 1971 (now Town and Country Planning Act 1990)

Keywords

Lease renewal

Summary

In considering the second limb of ground (c), the court is entitled to look at everything that it considers relevant in connection with the tenant's past, present and future use or management of the holding which might enable it to fairly exercise its discretion. On the facts, the tenant's continued use of the premises had become a criminal offence under section 89(5) of the Town and Country Planning Act 1971 (see now, section 179 of the Town and Country Planning Act 1990) and the tenant intended to carry on the illegal use if granted a new tenancy. The grant of a new tenancy would have sanctioned the unlawful character of the use of the premises.