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

Ground (g) — own occupation assessment

Ground (g) requires the landlord to intend to occupy the holding for the purposes of a business to be carried on there, or as a residence. The intention must be firm and settled and the landlord must generally have held its interest for at least five years before the termination date (s.30(2)).

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 10 answered
  1. 1.Who intends to occupy the holding?

    Section 30(1)(g) is read with section 30(3) and section 42, which extend it to a controlling shareholder and to group companies.

  2. 2.Is the landlord an individual, a company, or a trust?
  3. 3.Is the intended use clearly defined?
  4. 4.Is there a written operational or business plan for the premises?
  5. 5.Is funding available for fit-out, stock and working capital?
  6. 6.Have staffing or management arrangements been thought through?
  7. 7.Are these particular premises required for the intended business?
  8. 8.Is there a start date and programme for taking occupation?

    The intention must relate to occupation within a reasonable time of the termination date.

  9. 9.Is there contemporaneous evidence of the decision (minutes, correspondence, professional instructions)?
  10. 10.Has the landlord's interest been owned for at least five years before the termination date?

    Section 30(2) bars ground (g) where the interest was purchased or created within the five years before the termination date and the premises have been let on business tenancies throughout.

Ground (g) assessment

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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)(g).

Ground (g) — common questions

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

Ground (g) in section 30(1)(g) lets a landlord oppose renewal where, on the termination of the current tenancy, it intends to occupy the holding for the purposes of a business to be carried on there by it, or as its residence.

What is the five-year rule for Ground (g)?

Section 30(2) bars ground (g) where the landlord's interest was purchased or created within the five years ending on the termination date and, throughout that period, the holding was let on business tenancies. It is capable of defeating the ground on its own, so the title should be checked before any notice is served.

Can a landlord's company occupy instead of the landlord?

Yes, in defined situations. Section 30(3) treats occupation by a company the landlord controls (and, for an individual, a company controlled by that individual) as occupation by the landlord, and section 42 does the same for group companies. Occupation by an unconnected third party does not count.

What evidence does a landlord need for Ground (g)?

A firm and settled intention proved by documents as well as testimony: a defined use, a written plan for those premises, funding, staffing and management arrangements, a programme with dates and contemporaneous records such as board minutes or professional instructions.

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

Yes. Ground (g) is a no-fault ground, so statutory compensation under section 37 is generally payable to the outgoing tenant, based on the rateable value of the holding.