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Considering the ‘all too familiar’ : The Landlord and Tenant Act 1954: ‘Substantial work of construction’ and the role of the building surveyor
This paper looks at the all-too-familiar landlord’s ground of opposition to a tenant’s application for a new tenancy known as ‘ground (f)’ pursuant to s30(1) of the Landlord and Tenant Act 1954. Despite having been the subject of over 60 years of discussion, consideration and deliberation, the Act, and this section in particular, still trips the unwary and leads its users down a path of argument and dispute. The paper considers the familiar wording with particular emphasis on ‘substantial’, the meaning of which is for the judge in any particular case to consider against the background of the facts and circumstances of the case he or she is determining.
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John Furber QC is best known for being ‘thoroughly professional and razor-sharp in his analysis’ (Chambers & Partners). His practice is principally devoted to all areas of real property law and litigation, with particular emphasis on commercial leases and issues related to property development. He has a particular interest in Part II of the Landlord and Tenant Act 1954 and how it works.
Christopher Sullivan is a partner in Malcolm Hollis LLP, where he heads the firm’s Birmingham office and dispute resolution service. He advises on, in particular, landlord and tenant issues and has given evidence as an expert witness in several cases. He is a RICS accredited independent expert for dilapidation disputes.
Vivien King is a retired solicitor and consultant to Malcolm Hollis LLP, having been a highly regarded property litigation partner in well-known City of London firms. She now runs her own training company specialising in property law.