Yn ddilys o 02/12/2024
Section 201
Schedule 20E+WGrounds of appeal against final letting notice
This
Atodlen has no associated
Nodiadau Esboniadol
Part 1E+WGrounds
1E+WThat the vacancy condition was not met in relation to the premises on the day on which the initial letting notice was served.
2E+WThat the premises cannot reasonably be considered suitable for the use identified in the final letting notice as the suitable high-street use.
3E+WThat the local authority’s view that the local benefit condition was met in relation to the premises was one that no authority giving reasonable consideration to the matter could have reached.
4E+WThat the local authority failed, while the initial letting notice was in force, to give consent under section 196 to a proposed tenancy, licence or agreement where the authority—
(a)was required by section 197(1) to give consent, or
(b)would have been so required had it not failed to be satisfied as mentioned in section 197(2)(c), when any authority giving reasonable consideration to the matter would have been so satisfied.
5E+WThat the landlord—
(a)intends to carry out substantial works of construction, demolition or reconstruction affecting the premises, and
(b)could not reasonably carry out those works without retaining possession of the premises.
6E+WThat the landlord intends to occupy the premises for the purposes, or partly for the purposes, of a business to be carried on by the landlord in the premises.
7E+WThat the landlord intends to occupy the premises as the landlord’s residence.
Part 2E+WInterpretation and application
1E+WGround 2 is to be applied in accordance with section 192(5).
2E+WWorks carried out in contravention of section 200(1) cannot be relied on for the purposes of ground 5.
3(1)Where the landlord has a controlling interest in a company, the references to the landlord in ground 6 include reference to that company.E+W
(2)Where the landlord is a company and a person has a controlling interest in the company, the references to the landlord in grounds 6 and 7 include reference to that person.
(3)For the purposes of sub-paragraphs (1) and (2), a person has a controlling interest in a company, if, had the person been a company, the other company would have been its subsidiary.
(4)In this paragraph—