S Franses Ltd “Hot Topic” Property Seminar

On Wednesday 5 December 2018 the Supreme Court handed down its much-awaited judgment in S Franses. The case concerns whether a landlord can take advantage of the redevelopment ground – “Ground (f)” – in the Landlord & Tenant Act 1954 by proposing a scheme of works: (i) which has no commercial purpose other than to defeat the tenant’s security of tenure by satisfying ground (f); and/or (ii) where the landlord’s intention is ‘conditional’ in the sense that it would not wish to carry out the works if it were not necessary to do so to obtain vacant possession (e.g. if the tenant voluntarily vacates the premises).

Joanne Wicks QC and Ben Faulkner, who acted for the tenant (instructed by David Cooper of David Cooper & Co), will summarise the stark facts of this case, the reasoning of the court, and what implications the decision may have for other less extreme cases in future.