The Supreme Court has ruled that a Landlord reasonably withheld consent to a tenant's planning application. This important case will be welcomed by landlords as it demonstrates the importance of examining a tenant's ability to increase its residential use (and the consequent enfranchisement risk) at the outset.
The case reverses an earlier decision by the Court of Appeal and the decision was on the basis that the additional residential use sought by the planning application would increase the risk of a successful enfranchisement claim under the Leasehold Reform Act 1967 (LRA 1967).
Case: Sequent Nominees Ltd (formerly Rotrust Nominees Ltd) v Hautford Ltd  UKSC 47 (30 October 2019).)
For further details of the implications of this case and for advice on property issues contact Commercial Property Partner, David Redgate.
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