Wessex Reserve Forest and Cadets Assn v White [2005] EWCA Civ 1774
Landlord and Tenant Act 1954 (LTA) – ss.24-30 LTA – Commercial Tenants – Secure Tenancies
Facts
W occupied premises under a lease which provided that, upon termination, W was obliged to restore the land to its pre-tenancy condition. The tenancy had continued to exist under s.24 LTA 1954. L, however, had served W with notice under s.25 of their intention to demolish the buildings which comprised W’s leasehold, one of the grounds of termination provided for by s.30(1)(f). W opposed the termination and sought to renew the tenancy under s.24(1). W argued that L could not have made out such an intention as, under the terms of W’s lease, at the end of the tenancy W would already have removed the buildings in question, bar one. W argued further that this building was situated so as to allow L to access it without taking actual possession of the entire holding, which meant L’s opposition to its existence failed under s.31A.
Issues
The principal issue in this case was whether L had made out the necessary intention to demolish the premises under s.30(1)(f), there being no evidence of any intention to reconstruct or develop the land in question.
Decision/Outcome
The Court of Appeal found in favour of L. The difficulty with L’s opposition to a new tenancy, which they had pursued under the ground of opposition contained within s.30(1)(f), was that they could not have held an intention to demolish the buildings contained in the holding because those buildings, save one, would not have been in existence upon termination of the existing tenancy. Accordingly, L had failed to show an intention for the purposes of s.30(1)(f). With regard to the one building that would have remained had the existing tenancy been terminated, it was clear that that building would have fallen foul of s.31A, since L would have been able to gain access to it without requiring possession.
Updated 21 March 2026
This article accurately summarises the Court of Appeal’s decision in Wessex Reserve Forces and Cadets Association v White [2005] EWCA Civ 1774. The case remains good law and the statutory provisions discussed — sections 24, 25, 30(1)(f), and 31A of the Landlord and Tenant Act 1954 — remain in force in materially the same form. Readers should note, however, that the broader statutory framework for business tenancies under the 1954 Act has been the subject of ongoing Law Commission review, and reform proposals have been discussed in recent years; as of the time of publication of this update, no amending legislation has been enacted that would affect the principles discussed in this case. The article remains a reliable account of the relevant legal principles.
