ABSTRACT

This chapter considers what happens when a landlord of a lease which is not contracted out wishes to object to the grant of a new tenancy. The landlord will, therefore, have to choose between forfeiture and opposition to renewal. Disrepair of parts of the premises not occupied for business purposes will not entitle the landlord to rely on ground. In order to succeed under the landlord will need to show that the tenant has both an obligation to repair and the property is in disrepair. Where the landlord has proved disrepair, it is then for the tenant to convince the court that a new lease should be granted despite the disrepair. The court has no power to consider whether the landlord should be carrying out different works. The delay need not be prolonged and there need not be substantial arrears of rent. The court may exercise its discretion where it seems likely that the tenant can remedy the situation.