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Landlord and Tenant Act 1954 — s.30(1)(f)

Ground (f) — redevelopment assessment

Ground (f) requires a firm and settled intention, on the termination date, to demolish or reconstruct the whole or a substantial part of the holding, or to carry out substantial work of construction, and an inability to do so without obtaining possession. Since S Franses the intention must also be unconditional: the landlord must intend to do the works whether or not the tenant leaves.

How this worksAnswer the questions below and the tool sets out where the case looks evidenced and where the gaps are. It is an automated preliminary assessment, not legal advice, and it cannot tell you whether the ground would succeed on your facts.

The questions

0 of 11 answered
  1. 1.Has planning permission been obtained for the scheme?

    Permission is not a statutory requirement, but the court asks whether there is a real prospect of it. An unresolved application weakens the case.

  2. 2.Is the building regulations position resolved?
  3. 3.Have detailed drawings and specifications been prepared?

    Courts look for a scheme worked up to a level a contractor could price and build.

  4. 4.Is funding available for the works?
  5. 5.Has a contractor been identified or appointed?
  6. 6.Has the decision been formally approved (board resolution, trustee or partnership decision)?

    A corporate landlord proves intention through the organ that can bind it. A minuted resolution is the classic evidence.

  7. 7.Do the works genuinely require vacant possession of the holding?

    Section 31A allows the tenant to defeat ground (f) by accepting access or a lease of an economically separable part.

  8. 8.Are the works demolition, reconstruction, or substantial construction to the holding?
  9. 9.Would the works still proceed if the tenant gave up possession voluntarily tomorrow?

    This is the S Franses question. A scheme the landlord would abandon once the tenant left is conditional, and conditional intention defeats ground (f).

  10. 10.Is the scheme commercially viable on its own figures?
  11. 11.Is any part of the scheme conditional (on funding, pre-lets, planning appeals or a sale)?

Ground (f) assessment

Answer all 11 questions to see the assessment. Nothing you enter leaves your browser.

Relevant authorities

S Franses Ltd v The Cavendish Hotel (London) Ltd [2018] UKSC 62

Supreme Court · 2018 · s.30(1)(f)

No. The intention must be unconditional — the landlord must intend to do the works whether or not the tenant leaves. A contrived scheme the landlord would abandon if the tenant walked away fails ground (f).

Gill v Lees News Ltd [2023] EWCA Civ 1178

Court of Appeal · 2023 · s.30(1)(a)–(c)

The Court of Appeal confirmed the court looks at the position at the hearing, in the round: the state of the holding, the tenant's conduct over the whole term, and whether it would be fair to turn the tenant out given all the circumstances.

All 1954 Act case law

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This is an automated preliminary assessment and should not be relied upon as legal advice. It does not create a surveyor-client relationship and cannot account for the facts, documents or evidence in your matter. Take advice before serving or responding to a notice relying on s.30(1)(f).

Ground (f) — common questions

What is Ground (f) under the Landlord and Tenant Act 1954?

Ground (f) in section 30(1)(f) lets a landlord oppose renewal where, on the termination of the current tenancy, it intends to demolish or reconstruct the whole or a substantial part of the holding, or to carry out substantial work of construction, and could not reasonably do so without obtaining possession.

What does S Franses decide about Ground (f)?

S Franses Ltd v The Cavendish Hotel (London) Ltd [2018] UKSC 62 holds that the landlord's intention must be unconditional. A scheme of works devised only to remove the tenant, which the landlord would abandon if the tenant left voluntarily, does not satisfy ground (f).

Can a tenant defeat Ground (f) by offering access?

Sometimes. Section 31A means the court cannot hold that the landlord could not reasonably carry out the works without possession if the tenant agrees to terms giving access, or will accept a tenancy of an economically separable part, so that the works can be done without obtaining possession.

When is the landlord's intention judged?

At the date of the hearing, by reference to the position on the termination of the current tenancy. Evidence assembled after a notice is served still counts, so a case that looks thin today can be built up before trial.

Is compensation payable if the landlord succeeds on Ground (f)?

Yes. Ground (f) is a no-fault ground, so a tenant who has to leave is generally entitled to statutory compensation under section 37, calculated from the rateable value of the holding.