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Business lease renewal.


Claim for new lease

Application for summary judgment

Somerfield Stores Ltd v Spring
[2010] EWHC 2084 (Ch)

Summary

A tenant cannot apply for summary judgment of its application for a new lease where the landlord seeks to oppose on ground (f) of s30(1) - the redevelopment ground.

More detail

T was seeking new leases of a supermarket and adjoining land. L had served counter-notices, to T's s26 requests for new tenancies, relying upon s30(1)(f). Rather than going through the normal process towards a trial, T applied for summary judgment. As the judge pointed out:
    "where a landlord opposes the renewal of a tenancy on the grounds that it is his intention to redevelop the property, he must show that the requisite intention exists at a time which is determined by reference to the date of the trial of that ground of opposition. If the tenant does not wai ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW

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