David Sawtell has an article in the 21st January 2017 issue of the Estates Gazette concerning landlords’ options in respect of new protected commercial tenancy applications.
Ground (g) of the LTA 1954 allows a landlord to oppose the grant of a new protected commercial tenancy and to recover possession if they can show that they intend to occupy the holding for their own business. It is necessary, however, for the landlord to show that they have a ‘real chance’ of getting planning consent for their business. This might involve an application for permission for a change of land use, as well as careful consideration of the use to which they intend to put the holding.
David’s article, which he co-authored with Alice Lane of Pothecary Witham Weld, examines the difficulties inherent in proving that a landlord will have planning permission for their business. He worked successfully with Alice on a case where it was possible to prove that there was deemed planning permission and that the planning unit would not merge with the landlord’s existing site.
He is currently writing a book with fellow Lamb Chambers Barrister Richard Hayes on the Landlord and Tenant Act 1954: ‘‘A Practical Guide to the Landlord and Tenant Act 1954: Commercial Leases’ is due out later this spring.
David and Richard are also presenting a seminar on redeveloping commercial property and the effect of the Landlord and Tenant Act 1954: this can be presented at solicitors’ offices or in Chambers by arrangements. For more information about the seminar or to arrange for it to be presented at your offices, please contact the Lamb Chambers clerks.
David Sawtell / 26th Jan 2017
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