Business lease renewal – Opposition by landlord on ground (f) – Intention – The test to apply

London Kendal Street No 3 Ltd v Daejan Investments Ltd [2019] (Unreported) County Court at Central London (HHJ Saunders) (16 July 2019)

Business lease renewals continue to give rise to litigation. Here the landlord opposed renewal on ground (f). The tenant conceded that the landlord had the necessary funding for the works, had obtained planning permission to carry out the works and had placed a building contract for the works to be carried out. The issue for the judge turned on the intention of the landlord and its ability to carry out the works in the light of a potential injunction to restrain the landlord from carrying them out.