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Wrotham Park Settled Estates v Naylor

Language: English Series: Property and Compensation Reports ; (1991) 62 P&CR 233-241(5)Publication details: 1991Subject(s): Summary: ChD 8 November 1991. W granted a 999-year lease of farmhouse, outbuildings, and farmland to N on 6 September 1968. The lease contained covenants. One not to erect any new buildings, or alter the exterior of existing ones, without W`s written permission. Another that the premises should be occupied and used only as a private dwelling for N and his family. N wished to convert part of a dilapidated cowshed into a cottage for a caretaker. In October 1970 he wrote to W enclosing plans for which he gained planning permission in August 1971. In May 1972 N wrote to W for consent under the lease for conversion, W refused. Having been advised that the refusal was unreasonable, N carried out the conversion. In November W served notice under Law of Property Act 1925 s146 alleging the conversion was a breach of covenant. No action was taken. A succession of couples occupied the cottage. In 1985 N issued a summons seeking a declaration that the right to forfeit the lease pursuant to the 1972 notic

ChD 8 November 1991. W granted a 999-year lease of farmhouse, outbuildings, and farmland to N on 6 September 1968. The lease contained covenants. One not to erect any new buildings, or alter the exterior of existing ones, without W`s written permission. Another that the premises should be occupied and used only as a private dwelling for N and his family. N wished to convert part of a dilapidated cowshed into a cottage for a caretaker. In October 1970 he wrote to W enclosing plans for which he gained planning permission in August 1971. In May 1972 N wrote to W for consent under the lease for conversion, W refused. Having been advised that the refusal was unreasonable, N carried out the conversion. In November W served notice under Law of Property Act 1925 s146 alleging the conversion was a breach of covenant. No action was taken. A succession of couples occupied the cottage. In 1985 N issued a summons seeking a declaration that the right to forfeit the lease pursuant to the 1972 notic