Opposed Lease Renewals - Pushing at an Open Door [2024]

For the landlord wishing to get possession back at the expiry of a tenancy, the grounds and procedure for opposing renewal under the 1954 Act can look like an obstacle course. In fact, the cases lay down ways through which are comparatively straightforward, so the smart adviser can help the client to the right outcome effectively. There are also several practical tips which help to reduce the amount of compensation payable. Tenants, on the other hand, need to know the tactical levers which can help put them in the strongest negotiating position. The caselaw continues to develop, and this session considers the lessons of recent cases as well as reviewing the grounds of opposition, tactics, timing and procedure.

At the end of this session, you will be able to recognise the issues raised and evaluate best practice in relation to them:

• The seven grounds of opposition
• How a landlord proves its intention
• The entitlement to statutory compensation – and how landlords may restrict it
• Considerations in the drafting of notices
• Avoiding liability for misrepresentation