Barclays Bank plc v Daejan Investments (Grove Hall) Ltd
Barclays Bank plc v Daejan Investments (Grove Hall) Ltd
- 1995
- Estates Gazette (1995) 18 EG 117-120(4) .
ChD, 23 November 1994. B held 2 underleases from D for terms expiring in 2015. B sought consent to use the ground floor for any use within class A2; D looked for a landlord`s break clause. A letter stated consent for change of use subject to conditions amounting to a requirements for a fine within the meaning of the Landlord and Tenant Act 1927 s19(3). Evidence was given that B proposed alterations to an exterior wall and, relying on s19(3) and the authority of "West v Gwynne" ((1911) 2 Ch 1), sought a declaration that they were entitled to use the premises for any class A2 use. Application dismissed.
BARCLAYS BANK PLC V DAEJAN INVESTMENTS (GROVE HALL) LTD
LANDLORD AND TENANT ACT 1927 S19(3)
TOWN AND COUNTRY PLANNING (USE CLASSES) ORDER 1987
WEST V GWYNNE
England and Wales--1543-
ChD, 23 November 1994. B held 2 underleases from D for terms expiring in 2015. B sought consent to use the ground floor for any use within class A2; D looked for a landlord`s break clause. A letter stated consent for change of use subject to conditions amounting to a requirements for a fine within the meaning of the Landlord and Tenant Act 1927 s19(3). Evidence was given that B proposed alterations to an exterior wall and, relying on s19(3) and the authority of "West v Gwynne" ((1911) 2 Ch 1), sought a declaration that they were entitled to use the premises for any class A2 use. Application dismissed.
BARCLAYS BANK PLC V DAEJAN INVESTMENTS (GROVE HALL) LTD
LANDLORD AND TENANT ACT 1927 S19(3)
TOWN AND COUNTRY PLANNING (USE CLASSES) ORDER 1987
WEST V GWYNNE
England and Wales--1543-