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Ashworth Frazer Ltd v Gloucester City Council

Series: Estates Gazette ; [2000] 12 EG 149-156(8)Publication details: 2000Subject(s): Summary: CA 21 December 1999. In April 1986, the defendant (G) granted a 114 year term of a large area of land for development purposes. The original tenant, with the landlord's consent, assigned each plot to a separate occupier. The appellant tenant (A) held one plot. The lease contained a lessee's covenant to commence and complete the erection of a building development for uses within Classes III, IV or X of the Town and Country Planning (Use Classes) Order 1963 and a covenant against assignment by the lessee of any part of the demised land without the previous consent in writing of the landlords. The landlords had refused consent to an assignment of the plot to MMC Ltd because they intended to use it other than for use within Classes III, IV and X of the use classes order. The judge held that the covenant relating to the erection of a building for certain specified uses imposed an obligation on the tenant to use the building for such uses, he also held that the landlords were entitled to withhold consent to an assignment for the reasons they had relied on. Held, appeal allowed.
Holdings
Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS62094 (Browse shelf(Opens below)) 1 Available 105164-1001

CA 21 December 1999. In April 1986, the defendant (G) granted a 114 year term of a large area of land for development purposes. The original tenant, with the landlord's consent, assigned each plot to a separate occupier. The appellant tenant (A) held one plot. The lease contained a lessee's covenant to commence and complete the erection of a building development for uses within Classes III, IV or X of the Town and Country Planning (Use Classes) Order 1963 and a covenant against assignment by the lessee of any part of the demised land without the previous consent in writing of the landlords. The landlords had refused consent to an assignment of the plot to MMC Ltd because they intended to use it other than for use within Classes III, IV and X of the use classes order. The judge held that the covenant relating to the erection of a building for certain specified uses imposed an obligation on the tenant to use the building for such uses, he also held that the landlords were entitled to withhold consent to an assignment for the reasons they had relied on. Held, appeal allowed.