The commercial tenant sought an interim and interlocutory injunction restraining the landlord from terminating the tenancy and re‑entering the premises.
The tenant argued it was an over‑holding tenant on a year‑to‑year tenancy and that the landlord’s notice to quit was invalid.
Applying the RJR‑MacDonald test, the court found a serious issue for trial regarding whether the tenancy was year‑to‑year or month‑to‑month.
The court accepted that immediate eviction would cause irreparable harm by forcing closure of the tenant’s long‑standing restaurant business and loss of employment for staff.
The balance of convenience favoured maintaining the status quo, and an interim injunction was granted with conditions requiring payment of rent and additional funds into court.
