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Bitter experience

Julia Elson looks at a recent case on intention under s 30(1)(g) of the Landlord & Tenant Act 1954

1 August 2003

In Zarvos v Pradham [2003] EWCA Civ 208; (2003) 147 SJ 301 a landlord sought possession of a restaurant under s 30(1)(g) of the Landlord and Tenant Act 1954 (LTA) so he could use the premises for a business of his own. The case defines ‘intention’ in these circumstances, and provides lessons on the preparation of evidence.

Story of the Bitter Lemons
Zarvos (Z) originally ran the Bitter Lemons Taverna restaurant. Intending to move abroad, he let the premises to Pradhan and Hakim, who ran it as an Indian restaurant. Z changed his mind about leaving and served a notice purporting to terminate the tenancy.
At trial Z claimed he wished to open an exclusive new restaurant, Boby’s Restaurant and Wine Bar, and indicated that he would need to spend heavily on refurbishment. The evidence to support his claim was unsatisfactory. Insufficient detail was provided of his business plans, and requests for further information were resisted on the bas...

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