Royal Borough of Kensington & Chelsea v Mellcraft Ltd
[2024] EWHC 539 (Ch) · High Court (Chancery, appeal) — Edwin Johnson J · 2024
The question
When a company holds the lease but a director actually uses the premises, is the tenancy occupied 'by the tenant' for business purposes at all?
What was held
The court examined the corporate-versus-personal occupation question under s.23 and the extent of occupation needed on the landlord's side for ground (g), including the five-year qualifying condition in s.30(2).
For a landlord
Ask who is really in occupation before you assume the Act applies — and check the s.30(2) five-year condition before pleading ground (g).
For a tenant
Mixed business and residential use held through a company needs care: the occupation must genuinely be the tenant's, for its business, to attract Part II protection.
The provisions this turns on
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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.