S Franses Ltd v The Cavendish Hotel (London) Ltd
[2018] UKSC 62 · Supreme Court · 2018
The question
Is a landlord's intention to carry out works genuine where the scheme exists only to remove the tenant?
What was held
No. The intention must be unconditional — the landlord must intend to do the works whether or not the tenant leaves. A contrived scheme the landlord would abandon if the tenant walked away fails ground (f).
For a landlord
Be able to show the scheme has an independent commercial purpose. Works costed purely to clear the statutory hurdle will not survive cross-examination.
For a tenant
Ask the single most valuable question in a ground (f) case: would you still build this if I gave up possession tomorrow?
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.