Whether the nature of the landlord's proposed works includes (i) the demolition of all, or a substantial part, of the premises demised to and occupied by the tenant; (ii) reconstruction of all, or a substantial part, of the premises demised to or occupied by the tenant; or (iii) substantial work of construction on all, or a substantial part, of the premises demised to and occupied by the tenant.

Whether the landlord has both the intention and the ability to carry out its proposed works within a reasonable period after the termination of the current tenancy. In determining this, the Court will look at evidence such as:

The landlord's ownership of the premises;

Whether the landlord has taken appropriate steps to determine any other tenancies (including agreements for the installation of telecommunications equipment) and whether it has a good chance of obtaining vacant possession of those premises within a reasonable time after the termination of this tenancy;

Whether there are firm details as to the nature of the proposed works;

Whether the landlord has entered into a building contract for the execution of the works or will be doing so within a reasonable timescale;

Whether the landlord has the necessary funds to carry out the proposed works;

Whether there are any other impediments to the proposed works and, if so, whether such impediments will be removed within a reasonable timescale; and

Whether any necessary consents have been obtained or are likely to be obtained within a reasonable timescale.

Section 31A of the 1954 Act can be used by a tenant to defend a landlord's opposition to granting a new tenancy on this ground. One option under this section is for the Court to grant a new tenancy of the existing premises, but including terms to allow the landlord the access it needs to carry out its proposed works. The other option is for the tenant to take a tenancy of an economically separate part of the premises, with the Lease providing for access during the landlord's works if this is still necessary.