S Franses, which also houses a tapestry archive, has operated from the gallery for more than 25 years. Its 15-year lease came to an end last year and landlord the Cavendish Hotel, run by The Ascott Limited, which is a subsidiary of Singapore’s CapitaLand, hoped to redevelop the space.
A number of court hearings have taken place debating the complex Landlord and Tenant Act 1954. The act provides security of tenure to a business tenant. However, where the landlord has “good reason”, the court can refuse the tenant the right to a new tenancy.
"Leapfrog certificate"
The dispute went to the London County Court earlier this year and S Franses lost. But, on appeal to the High Court during the summer, a judge granted the gallery a rare “leapfrog certificate” permitting it to apply directly to the UK Supreme Court on points of law.
Separately S Franses received planning protection from Westminster City Council which means the use of the property is largely restricted to use as an art gallery or bespoke retail if it is re-let.
A spokesman for the hotel said it would be happy to comment once the litigation has been finally concluded.
