Significant
s.23(1)
Sight & Sound Education Ltd v Books Etc Ltd
[1999] 3 EGLR 45 · High Court · 1999
The question
Does a tenant that has sub-let and no longer trades from the premises keep its renewal rights?
What was held
No. Protection depends on the tenant's own occupation for business purposes; once that ends, the tenancy falls outside Part II.
For a landlord
Investigate occupation on the ground before renewal negotiations — the tenant on the lease may have no claim at all.
For a tenant
Sub-letting the whole is the most common way tenants unwittingly destroy their own security of tenure.
The provisions this turns on
Read alongside this
- Sainsbury's Supermarkets Ltd v Medley Assets LtdUnreported, County Court at Central London, 21 March 2024 (H00MK414)
- Royal Borough of Kensington & Chelsea v Mellcraft Ltd[2024] EWHC 539 (Ch)
- Barclays Wealth Trustees (Jersey) Ltd v Erimus Housing Ltd[2014] EWCA Civ 303
- Lee-Verhulst (Investments) Ltd v Harwood Trust[1973] QB 204
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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.