When leases end: Some thoughts on recently reported cases

Abstract

This paper considers three recent cases that look at different situations when leases end. The first of these concerns a landlord’s determination to defeat a business tenant’s statutory security of tenure under the Landlord and Tenant Act 1954, where the landlord’s intention to redevelop was designed for that purpose. In particular, is the landlord’s motive relevant to their intention to redevelop? The second case looks at whether a tenant had failed to give vacant possession of premises on the break date in their lease, when they had served notice and given up occupation of the premises. In particular, had they failed to comply with a pre-condition for a valid exercise of the break option and thereby lost the opportunity to break the lease which then continued for a further five years? The final case considers dilapidations. Whilst a breach of a repair is a continuing breach, can a landlord by words or actions temporarily waive a tenant’s repairing obligation, such that the tenant is only obliged to repair the premises with effect from the date that the obligation is reinstated?