Should developers be concerned about the recent judgment in S Franses Limited v The Cavendish Hotel London Limited when relying on section 30(1)(f) of the Landlord and Tenant Act 1954 to obtain possession of premises?
Many franchisees, particularly retail or office based or in commercial premises, will take a lease in order to operate their business. Aside from paying rent there are other potential financial implications for franchisee tenants to consider.
Following the Court of Appeal decision in Cardiff County Council v Lee it was made clear that landlords who are considering applying for a warrant following a Defendant/tenant’s breach of a Suspended Possession Order (“SPO”) should first ensure that they obtain permission from the Court to apply for a warrant.
On 7 July 2016 the Court of Appeal handed down judgement in the conjoined appeals City West Housing Trust v Lindsey Massey; Manchester & District Housing Association v Vincent Roberts  EWCA civ 704.