ABSTRACT

The words ‘ought not’ give the court a discretion as to whether or not to grant a new tenancy. The court will consider whether it is likely that there will be delays in paying the rent should a new tenancy be granted. The tenant’s conduct generally may be taken into account as well (Eichner v Midland Bank Executor and Trustee Co Ltd), and the court will also consider other complaints against the tenant when exercising its discretion (Hutchinson v Lamberth [1984] 1 EGLR 75, CA).