Betty's Cafés Ltd v Phillips Furnishing Stores Ltd
[1959] AC 20 · House of Lords · 1959
The question
At what date must the landlord prove its intention to redevelop or occupy — when the notice was served, or at trial?
What was held
At the hearing. The landlord must hold the requisite intention at the date of the hearing, so intention formed after the s.25 notice still counts.
For a landlord
You can firm up your scheme after serving the notice — what matters is where you stand at trial.
For a tenant
A weak plan at notice stage proves nothing. Keep testing the evidence right up to trial, because the landlord can improve its position.
The provisions this turns on
Apply it to your matter
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Case summary for general guidance only, not legal advice. Judgments turn on their own facts and later decisions may qualify them — check the primary transcript before relying on any point in correspondence or proceedings.