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PUMPERNINKS OF PICCADILLY LTD v LAND SECURITIES PLC AND OTHERS

14 June 2002

Tenancy of business premises: ‘eggshell tenancy’ of part of building not including any load bearing part: whether new tenancy to be refused on ground of landlords’ intention to demolish or reconstruct Appeal from Central London County Court The landlords demised to the tenant for use as a shop premises which formed part of a building but did not include any load-bearing part of it. At the expiry of the lease the landlords refused to grant a new tenancy. The tenant applied to the county court under the Landlord and Tenant Act 1954 for the grant of a new tenancy of the premises. The landlords opposed the application on the ground, specified in s 30(1)(f) of the 1954 Act, that they intended to demolish or reconstruct the building and they could not reasonably do so without obtaining possession of the holding. The judge upheld the landlords’ opposition. The tenant appealed. CHARLES J said that the case concerned what was commonly referred to as an ‘eggs...

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