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  • Landlord reasonably withheld consent to tenant's planning application
News 1
6
Nov
Landlord reasonably withheld consent to tenant's planning application
News

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).

Commercial Property

Case: Sequent Nominees Ltd (formerly Rotrust Nominees Ltd) v Hautford Ltd [2019] 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.

Please read Reliance on information posted in our Terms of Website Use - see Legal section - before relying on this commentary.

Before relying on this commentary please read the Reliance on information posted section in our Terms of Website Use in our Legal section. Please note that specialist advice should be taken in relation to any specific queries and the information above is provided for general information purposes only.

Authors

David Redgate

Partner
Commercial Property
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Our Experts

Jeremy Burke

Head of Department
Commercial Property

Amrita Bartram

Partner
Commercial Property

David Redgate

Partner
Commercial Property

Amy Husk

Senior Associate Solicitor
Commercial Property

Simon Stempien

Senior Associate Solicitor
Commercial Property

Sophie Robins

Senior Associate Solicitor
Commercial Property

Allison Simmons

Conveyancing Executive
Commercial Property

Macauley Cubitt

Trainee Solicitor
Commercial Property

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