London Kendal Street No.3 Ltd v Daejan Investments Ltd
County Court at Central London, 2019 ([2019] 7 WLUK 589) · County Court at Central London — HHJ Saunders · 2019
The question
After S Franses, what evidence does a landlord actually need to prove a fixed and settled intention to demolish and reconstruct?
What was held
The landlord made out ground (f). The court set out the practical evidential picture it expected — board authorisation, funding route, planning progress and a scheme that genuinely needs vacant possession.
First-instance County Court decision with no standard neutral citation. Persuasive only — verify the transcript before relying on it.
For a landlord
Build the paper trail long before trial: resolutions, costed scheme, funding, planning and a contractor. Vague redevelopment ambition is not enough.
For a tenant
Test whether the works really require you out. A s.31A offer to give access or take a reduced area can defeat ground (f) where the scheme does not need full vacant possession.
The provisions this turns on
Apply it to your matter
Read alongside this
Sponsored by McGarrigle & Co
Need professional assistance with your lease?
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.