Patel v Keles
[2009] EWCA Civ 1187 · Court of Appeal · 2009
The question
Is an intention to occupy genuine where the landlord also wants to sell the property?
What was held
No, not on these facts. An intention to occupy must be more than a conditional or temporary step towards a sale; a landlord who would sell if the right offer came along does not hold a firm and settled intention to occupy.
For a landlord
If you are marketing the property, ground (g) is in danger. Decide whether you are an occupier or a seller before you oppose.
For a tenant
Look for sale particulars, agents' instructions and valuations — evidence of a sale plan is often the quickest way to break ground (g).
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.