Gulf Agencies Ltd v Ahmed
[2016] EWCA Civ 44 · Court of Appeal · 2016
The question
How firm must a landlord's intention to occupy be before ground (g) succeeds, and can the tenant reopen the trial judge's findings on appeal?
What was held
The Court of Appeal declined to disturb the trial judge's assessment of the landlord's intention. Ground (g) turns on the judge's evaluation of the evidence at the date of hearing, and an appellate court will not re-run that fact-finding exercise.
Summarised from appellate reporting on the intention and procedural-fairness issues; read the judgment before relying on it.
For a landlord
Win ground (g) at first instance. Put in the documents — accounts, funding, business plan, resolutions — because the trial judge's findings are very hard to unpick later.
For a tenant
Challenge the credibility of the landlord's plan at trial, not on appeal. A disagreement with the judge's evaluation is not a ground of appeal.
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.