Seven decades on, the Landlord and Tenant Act 1954 continues to keep the courts busy with cases on ‘previously unanswered questions’, particularly in the context of redevelopment. In this week’s NLJ, Edward Blakeney & Taylor Briggs, Falcon Chambers, cover recent case law on redevelopment of a landlord’s property, in connection with the 1954 Act
They also cover the key principles, including on the burden of proof in proving intention on the landlord—'Although it has been said that “intention” is an ordinary English word, the courts have interpreted “intention” in such a way as to incorporate both subjective and objective elements.’
Blakeney & Briggs write that the so-called ‘acid test’ is ‘whether the landlord would intend to carry out the same works even if the tenant vacated voluntarily’.
The authors cover case law on the interpretations of ‘holding’ and ‘substantiality’, both key terms in this area of law.
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