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Grounds of opposition meaning

What does Grounds of opposition mean?
In commercial property practice, grounds of opposition are the legally recognised reasons a landlord may rely on to refuse a tenant a new business tenancy at lease expiry where security of tenure applies. In England and Wales the term is defined in the Landlord and Tenant Act 1954, section 30(1). Typical grounds include tenant default (eg disrepair or persistent delay in paying rent), availability of suitable alternative accommodation, and the landlord’s intention to redevelop the premises or occupy them for its own business. A landlord must specify the relied-on grounds in a section 25 notice or in a counter-notice to a section 26 request and bears the burden of proof; intention-based grounds require a firm and settled intention with a reasonable prospect of implementation. Comparable statutory grounds exist in Northern Ireland under the Business Tenancies (Northern Ireland) Order 1996 and in Ireland under the Landlord and Tenant (Amendment) Act 1980 (as amended), commonly including tenant breach, own occupation and redevelopment. Scotland does not confer general statutory security of tenure for commercial leases, so the expression is not used in the same way, save in limited regimes such as the Tenancy of Shops (Scotland) Act 1949.
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View the related Checklists about Grounds of opposition

CHECKLISTS
Checklist: serving a valid section 25 LTA 1954 landlord’s notice to terminate protected business tenancies and propose renewal terms or oppose renewal (England and Wales)

This is a checklist for service of a section 25 notice by a landlord under the Landlord and Tenant Act 1954 (LTA 1954) terminating a tenancy. Check that the proper form has been used, and that it contains the necessary warning notices addressed to tenants. Distinct versions of the section 25 notice are required depending on the landlord’s position: landlords who are not opposing renewal landlords who intend to resist the grant of a new lease Whether the notice is opposed or unopposed, it must follow the prescribed form or be ‘substantially to the like effect’...

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NEWS
Dana Astra v FCDO: ECHR jurisdictional limits, A1P1 goodwill, and practical hurdles to overturning UK sanctions designations under SAMLA 2018

Dana Astra IOOO v Secretary of State for Foreign, Commonwealth and Development Affairs [2025] EWHC 289 (Admin) What was the background? The Secretary of State for Foreign, Commonwealth and Development Affairs (the FCDO) designated Dana, a major real estate and construction company active in Belarus, as an 'involved person' under the 2019 Regulations, SI 2019/600, made pursuant to s 1 of SAMLA 2018. Importantly, Dana was not domiciled in the UK and had no property, assets, or commercial interests within the jurisdiction. The FCDO considered there were reasonable grounds to suspect that Dana was an involved person for the purposes of Regulation 6 of the 2019 Regulations, SI 2019/600, because it: had engaged in the repression of civil society or democratic opposition in Belarus, or in other conduct, policies, or activities that undermine democracy or the rule of law in that state, in particular through its sponsorship of the Belarusian National Olympic Committee (the BNOC); and had obtained a benefit from, or provided support...

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NEWS
Bankruptcy order made: Turner principle prevents re-arguing statutory demand issues; mixed motives not abusive; cross-claims must target all petitioners; no 'pointless' bankruptcy in Al Rostamani v El Haddad

Al Rostamani and others v El Haddad [2025] EWHC 2000 (Ch) What are the practical implications of this case? Mixed motives and abuse of process The ruling confirms that bankruptcy petitions are not undermined by mixed intentions, so long as at least one objective is lawful. In this case, using collective enforcement to obtain payment and appointing an independent trustee to probe the debtor’s assertions were legitimate aims, even if the petitioners could also gain an advantage as defendants elsewhere. Creditors can therefore take comfort that tactical benefits in related litigation do not taint an otherwise proper petition. The Shepherd principle remains authoritative—having a trustee impartially evaluate questionable litigation claims amounts to the estate’s ‘proper administration’. ‘Turner principle’ and statutory demand strategy The court reiterated it need not rehear points already raised and dismissed on an earlier application to set aside a statutory demand; reopening requires a material change of circumstances. Practitioners should ensure every ground is properly evidenced and argued at the statutory demand stage....

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PRACTICE NOTES
Opposing 1954 Act renewals under ground (f): intention, substantial works, timing, Franses test, planning/finance evidence, s31A tenant defences, compensation and strategy (England and Wales)

Section 30(1)(f) of the LTA 1954 A landlord looking to resist the grant of a renewal lease on redevelopment grounds may rely on section 30(1) of the Landlord and Tenant Act 1954 by citing ground (f). They must show that, upon the termination of the present tenancy, they intend to demolish or reconstruct the premises within the holding (or a substantial part), or to undertake substantial construction works to the holding or any part of it, and that these works could not reasonably be carried out without obtaining possession. This Practice Note sets out the necessary elements to establish this ground of opposition, including proving the ground (f) intention, the evidence supporting that intention, and the nature of the works. It also addresses the tenant’s potential reliance on section 31A of the LTA 1954 and the availability of statutory compensation under section 37. Section 30(1)(f) of the LTA 1954 provides that one of the grounds on which a landlord may oppose the grant of a new lease...

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PRACTICE NOTES
LTA 1954 business tenancy renewals and terminations: court applications, opposed/unopposed procedure, time limits, interim rent and PACT (England and Wales)

Practice Note This Practice Note sets out the full procedural guidance for court applications to renew or end a business tenancy, covers interim rent applications, and addresses Professional Arbitration on Court Terms (PACT)...

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PRACTICE NOTES
Opposing business tenancy renewal: landlord's grounds under Landlord and Tenant Act 1954, s30(1), court discretion and statutory compensation (England and Wales)

This Practice Note summarises the bases on which a landlord may resist the grant of a renewed business tenancy under section 30(1) of the Landlord and Tenant Act 1954 (LTA 1954). Section 30(1) sets out several grounds for opposing renewal. Unless the landlord proves one or more of these grounds, the tenant will be entitled to a further tenancy, provided the current tenancy satisfies LTA 1954, section 23. For additional guidance on section 23 see Practice Note: LTA 1954 business lease renewal—termination — Does LTA 1954 apply? Ground (a)—disrepair A landlord may rely on ground (a) to resist the grant of a new lease. Where the existing tenancy places obligations on the tenant regarding repair and maintenance of the holding, the landlord may argue that a new tenancy should be refused in light of the holding’s condition, where that condition stems from the tenant’s failure to perform those obligations. The state of repair must be...

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