Property Law uk

Maintained by Gary Webber

Ground (f)

Material covered on this page includes:
  • Meaning of struture
  • Planning permission and intention
  • Substantial works of construction
  • Tenant's fixtures
Meaning of structure

Pumperninks of Piccadilly Ltd v Land Securities plc
[2002] EWCA Civ 621

Facts

Tenancy relating to a ground floor shop. It was an eggshell tenancy, i.e. the demise was confined to the internal skin of the shop and excluded any part of the structure of the building. L wanted to carry out substantial works so that every physical thing in the demise will be removed. L relied upon s30(1)(f); i.e. that it intends to demolish the premises comprised in the holding.

T argued that as there were no structural parts to the demise it was impossible to demolish the premises.

Held

The argument was rejected. The word premises can include an eggshell within a building. The property comprised in the tenancy was something that was capable of being demolished and reconstructed. The following words of the judge at first instance were approved:
    "The structure is the fabric which encloses the demise in so far as it is itself demised. The physical boundaries of the demise, be they constituted by walls, ceiling or floor, or only their surfaces, are premises within the meaning of the paragraph at least if they are of such physical quality as to be sensibly capable in ordinary language of being constructed or part of the construction, or of being demolished."

Planning

Intention - reasonable prospects of obtaining planning permission

Dogan v Semali Investments Ltd
[2005] EWCA Civ 1036

Summary

The question in this case was whether a landlord of business premises, on the trial of a preliminary issue, successfully established the ground of opposition to the tenant's application for a new tenancy which is specified in s.30(1)(f) of the Landlord and Tenant Act 1954, ie:
    "that on the termination of the current tenancy the landlord intends to demolish or reconstruct the premises comprised in the holding or a substantial part of those premises or to carry out substantial work of construction on the hol ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW

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