Gill v Lees News Ltd
[2023] EWCA Civ 1178 · Court of Appeal · 2023
The question
How should the court approach the discretionary grounds of opposition — breach of repair, rent arrears and other substantial breaches — and at what date?
What was held
The Court of Appeal confirmed the court looks at the position at the hearing, in the round: the state of the holding, the tenant's conduct over the whole term, and whether it would be fair to turn the tenant out given all the circumstances.
For a landlord
Historic breaches that have been remedied rarely win on their own. Build a record of persistent, unremedied default if you intend to rely on grounds (a)–(c).
For a tenant
Fix the breaches and clear the arrears before trial. A cured default plus a decent recent record is usually enough to keep the renewal alive.
The provisions this turns on
Apply it to your matter
- Ground (f) assessmentTest the strength of a redevelopment case.
- Ground (g) assessmentTest own occupation, including the five-year bar.
- Section 25 notice analyserUpload or paste a notice and check its form, grounds and dates.
- Notice deadline calculatorWork out the earliest and latest dates a notice can specify.
Read alongside this
- MVL Properties (2017) Ltd v The Leadmill Ltd[2025] EWHC 349 (Ch)
- S Franses Ltd v The Cavendish Hotel (London) Ltd[2018] UKSC 62
- B&M Retail Ltd v HSBC Bank Pension Trust (UK) Ltd[2023] EWHC 2495 (Ch)
- Sainsbury's Supermarkets Ltd v Medley Assets LtdUnreported, County Court at Central London, 21 March 2024 (H00MK414)
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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.