You ate relying on ground f. To rely on Ground (f), the landlord must do more than merely state that it will demolish or reconstruct the premises. The intention must have moved "out of the zone of contemplation" and into "the valley ofdecision".
The landlord must show both :
The development the landlord intends to carry out does not need to be set in stone, with all matters such as planning permission and building contracts completed. However, the landlord must:
Have a fixed intention to proceed.
Have contemplated the issues that it will have to resolve.
Show there are not too many hurdles to overcome.
The more advanced the landlord's redevelopment plan is, the better the landlord's position.
Firm and settled intention
To evidence its intention to demolish, reconstruct or carry out works to the premises, the landlord should consider and take steps to obtain:
Board minutes documenting its intention, if it is a company.
Planning permission for the development.
Plans and drawings for the development.
Consents from third parties and rights to light issues that may impact the development.
A building contract.
Vacant possession of any other part of the development site.
A business plan for future use.
This is not a definitive list. However, it is importantfor the landlord to show the court it has seriously considered the development and the above elements will assist the discharge of the evidential burden ofdoing so.
If you cannot establish the above criteria then the tenant could successfully oppose your s.25 notice.
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