Sainsbury's Supermarkets Ltd v Medley Assets Ltd
Unreported, County Court at Central London, 21 March 2024 (H00MK414) · County Court at Central London — HHJ Richard Roberts · 2024
The question
Can a tenant narrow the premises it actually occupies so that the landlord's redevelopment scheme no longer relates to the holding?
What was held
Yes. The holding is defined by what the tenant occupies at the date of the hearing, and the landlord's scheme was not shown to require possession of that reduced area.
First-instance decision: persuasive, not binding.
For a landlord
Check what the tenant is actually occupying before you plead ground (f), and design the scheme around the holding as it will be at trial.
For a tenant
Rationalising your occupation can be a legitimate defensive move — but document it and take advice on the compensation and rent consequences.
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.