Citation
(2002), "Landlord's consent to change of use", Property Management, Vol. 20 No. 1. https://doi.org/10.1108/pm.2002.11320aab.006
Publisher
:Emerald Group Publishing Limited
Copyright © 2002, MCB UP Limited
Landlord's consent to change of use
Landlord's consent to change of use
Luminar Leisure Ltd v. Apostole [2001] 42 EG 140
Briefly, the tenant wished to change the use of the premises from use as a night club to use as a health and fitness club and to sub-let the property for this purpose; the landlord claimed that such a change of use would result in a diminution in the capital value of the premises of some £300,000, which estimate was based on the advice which the landlord had received from his valuer. In the event the court held that the estimate of the prospective diminution in value was entirely wrong; in fact there would very likely have been some slight enhancement to the value of the landlord's reversion. In consequence the landlord's refusal of consent was unreasonable.