O'May v City of London Real Property Co Ltd

[1983] 2 AC 726 · House of Lords · 1983

The question

On a renewal, can the landlord use the new lease to change the deal — here, converting a clear lease into a full service-charge recovery from the tenant?

What was held

No, not without justification. The party proposing a change to the terms of the existing tenancy carries the burden of showing it is fair and reasonable, having regard to the terms of the current lease and all the circumstances. A price adjustment in the rent does not automatically make a changed term reasonable.

For a landlord

You do not get a modernised, more onerous lease for free. Justify every departure from the existing terms, and expect the rent concession argument alone to fail.

For a tenant

This is your strongest single authority. Start from the existing lease and make the landlord prove why anything should change.

The provisions this turns on

Apply it to your matter

Ask the assistantCheck whether a proposed change of terms survives O'May.

Read alongside this

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This guide is general information, not legal advice. Deadlines under the 1954 Act are strict and a mis-served notice can cost you the renewal. If your matter is live, speak to a professional.

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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.