In this episode, Richard and Lizzie unpack the County Court’s decision in Star Pubs Trading Ltd v Gunmakers Arms (Essex) LLP and what it means for landlords, tenants, pub operators, and commercial property lawyers.

The court ruled that Star Pubs could successfully oppose lease renewal under Ground G of the Landlord and Tenant Act 1954, despite day-to-day pub operations being carried out by a third-party contractor.

Why? Star Pubs still controlled the pricing, branding, contracts, marketing, and overall retail strategy. The business, legally speaking, remained theirs.

Richard explore’s what “occupation for your own business” really means in modern commercial leasing, why physical presence is not the deciding factor, and how this case fits alongside authorities including Humber Oil Terminals Trustee Ltd v Associated British Ports, S Frances Ltd v Cavendish Hotel (London) Ltd and Royal Borough of Kensington and Chelsea v Mellcraft.

Relevant cases:
Humber Oil Terminals Trustee Ltd v Associated British Ports [2012]
Cunliffe v Goodman [1951]
S Frances Ltd v Cavendish Hotel (London) Ltd [2012]
Dellneed Ltd v Chin (1987)
Brumwell v Powys County Council [2011]
Teesside Indoor Bowls Limited v Stockton-on-Tees Borough Council [1990]
Graysim Holdings v P&O Property Holdings [1996]
Royal Borough of Kensington and Chelsea v Mellcraft [2024]

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