Levelling-up and Regeneration Act 2023 (c. 55)

Schedules

Section 201

Schedule 20 Grounds of appeal against final letting notice

Part 1 Grounds

1 That the vacancy condition was not met in relation to the premises on the day on which the initial letting notice was served.

2 That the premises cannot reasonably be considered suitable for the use identified in the final letting notice as the suitable high-street use.

3 That 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.

4 That 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.

5 That 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.

6 That 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.

7 That the landlord intends to occupy the premises as the landlord’s residence.

Part 2 Interpretation and application

1 Ground 2 is to be applied in accordance with section 192(5).

2 Works 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.

(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—

• “company” has the meaning given by section 1(1) of the Companies Act 2006;

• “subsidiary” has the meaning given by section 1159 of that Act.