000 01511cab a2200193 4500
001 ABS39341
008 090401t1988 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u16042
041 _aeng
245 _aTollbench Ltd v Plymouth City Council
260 _c1988
350 _a0
490 _aEstates Gazette
_v(8823) 11 June 1988, 132-138(4)
520 _aCA 3 March 1988. Appeal by landlords (P) against cc decision in favour of tenants (T), granting a declaration that P`s refusal of consent to a proposed change of use r was unreasonable. The lease contains covenants on the part of T not to use the premises other than as a shop without the consent of P. Existing use was as a restaurant and T wished to change the use to that of a self-service snack restaurant with amusement facilities. P, who were also the planning and licensing authority, granted planning permission for the proposed change of use and a gaming licence, but as landlord refused consent to the change. Cc judge made a declaration in favour of T, finding that P had reached their decision in an unreasonable way. P appealed. CA held that cc judge had fallen into error. When determining whether a refusal of consent is reasonable two questions must be considered : 1) the landlord`s reason for refusal - the onus being on the tenant to show the reason and that it is unreasonable a
650 _aLANDLORD AND TENANT ACT 1954 S53
690 _aLANDLORD AND TENANT-CASE LAW-BUSINESS TENANCIES
942 _n0
948 _c04/03/1997
999 _c10550
_d10550