TY - BOOK TI - Davy's of London (wine merchants) Ltd v City of London Corporation T2 - Estates Gaxette PY - 2004/// KW - DAVY'S OF LONDON (WINE MERCHANTS) LTD V CITY OF LONDON CORPORATION KW - LANDLORD AND TENANT ACT 1954 S35 KW - PROCEDURE KW - BREAK CLAUSES KW - BUSINESS TENANCIES KW - REDEVELOPMENT KW - NOTICE N2 - [2004] EWHC 2224 (Ch), 6 October 2004. The defendant developers (C) appealed against an order granting the claimant tenants (D) a new business tenancy of its premises for 14 years containing a rolling break operable after five years on 11 month's notice. D had an existing tenancy of the wine bar premises and sought to renew its tenancy. The premises were in need of refurbishment that could not take place with D in occupation. C argued that it had negotiated the sale of the buildings to a developer to redevelop the site and its surrounding area. C argued that in the light of new evidence as to events occurring since the earlier hearing about the proposed development, the judge's order relating to the break clause should be varied to permit its earlier exercise at short notice. "Held": the appeal was allowed in part ER -