Wates Estate Agency Services Ltd v Bartleys Ltd
Wates Estate Agency Services Ltd v Bartleys Ltd
- 1989
- Estates Gazette (1989) 47 EG 151 .
CA 20 June 1989. An appeal on a preliminary issue relating to an application for a new tenancy by W, an estate agency . The respondents, B, are also estate agents. The application is opposed by B under Landlord and Tenant Act 1954 s30(1)(g) as they wished to occupy the premises themselves to carry on their estate agency business. At issue was whether on termination of the 1977 underlease B was prohibited from carrying on an estate agency business because of a user covenant in the original lease. Correspondence showed that the head landlords had agreed, for a payment, to waive the use covenant so as to permit user as an estate agency during the residue of the head lease. Appeal by B dismissed.
CA 20 June 1989. An appeal on a preliminary issue relating to an application for a new tenancy by W, an estate agency . The respondents, B, are also estate agents. The application is opposed by B under Landlord and Tenant Act 1954 s30(1)(g) as they wished to occupy the premises themselves to carry on their estate agency business. At issue was whether on termination of the 1977 underlease B was prohibited from carrying on an estate agency business because of a user covenant in the original lease. Correspondence showed that the head landlords had agreed, for a payment, to waive the use covenant so as to permit user as an estate agency during the residue of the head lease. Appeal by B dismissed.