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Barclays Bank plc v Daejan Investments (Grove Hall) Ltd

Language: English Series: Estates Gazette ; (1995) 18 EG 117-120(4)Publication details: 1995Subject(s): Summary: 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.
Holdings
Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS52911 (Browse shelf(Opens below)) 1 Available 825-1001

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.