Landlord's consent to change of use

Property Management

ISSN: 0263-7472

Article publication date: 1 March 2002

52

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.

Related articles