http://nearlylegal.co.uk/blog/2009/11/little-shop-on-the-corner/ Housing law news and comment Tue, 07 Feb 2012 09:56:35 +0000 hourly 1 http://wordpress.org/?v= http://nearlylegal.co.uk/blog/2009/11/little-shop-on-the-corner/#comment-438 simply wondered Mon, 16 Nov 2009 12:39:43 +0000 http://nearlylegal.co.uk/blog/?p=3668#comment-438 i saw this case in the county court but had not heard it went to appeal. on the evidence, the practicability of the landlord's intention was also at issue - he was already committed with various businesses requiring both his time and capital as well as time spent out of the uk. the nature and degree of preparations made by the landlord did not appear to indicate a realistic intention to run the business. he had also expressed the desire shortly to retire abroad. obviously these are all questions of fact rather than the point of law you examine above, but relevant to the (imho correct) decision at first instance. i saw this case in the county court but had not heard it went to appeal. on the evidence, the practicability of the landlord’s intention was also at issue – he was already committed with various businesses requiring both his time and capital as well as time spent out of the uk. the nature and degree of preparations made by the landlord did not appear to indicate a realistic intention to run the business. he had also expressed the desire shortly to retire abroad.
obviously these are all questions of fact rather than the point of law you examine above, but relevant to the (imho correct) decision at first instance.

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