Landlords wishing to get back 1954 Act protected business premises on redevelopment grounds have been handed a boost by Waterstones Booksellers Ltd v Notting Hill Gate KCS Ltd .
Here the landlord opposed the tenant’s application for a new lease on redevelopment grounds.
However, due to delays, the landlord withdrew its opposition being of the view that it might not be able to satisfy the ground (f) redevelopment ground before the hearing.
12 months later the landlord applied to the court to re-oppose the lease renewal.
The County Court upheld this.
The Civil Procedure Rules sometimes allow changes to statements of case and the retraction of admissions.
Relevant factors included:
– the landlord’s good faith;
– the way circumstances had changed for the landlord;
– no trial date had been set for the court proceedings and they had hardly progressed;
– the tenant was no worse off than it was originally and the landlord still had to make out the development ground; and
– the landlord would suffer relatively more prejudice than the tenant if it was not allowed to amend it’s statement of case especially as the landlord had guaranteed the tenant possession till January 2017.
This blog has been posted out of general interest. It does not replace the need to get bespoke legal advice in individual cases.