Lee-Verhulst (Investments) Ltd v Harwood Trust
[1973] QB 204 · Court of Appeal · 1972
The question
Is a tenant who lets rooms to residential occupiers, but supplies substantial services, still in business occupation of the whole?
What was held
Yes on these facts. Where the services supplied and the control retained are substantial, the tenant occupies the whole for the purposes of its business.
For a landlord
Do not assume residential sub-occupation defeats protection — measure the services and control actually provided.
For a tenant
Evidence the service package: cleaning, linen, access control, staff presence. Substantial services support occupation of the whole.
The provisions this turns on
Read alongside this
- Sainsbury's Supermarkets Ltd v Medley Assets LtdUnreported, County Court at Central London, 21 March 2024 (H00MK414)
- Royal Borough of Kensington & Chelsea v Mellcraft Ltd[2024] EWHC 539 (Ch)
- Barclays Wealth Trustees (Jersey) Ltd v Erimus Housing Ltd[2014] EWCA Civ 303
- Sight & Sound Education Ltd v Books Etc Ltd[1999] 3 EGLR 45
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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.