000			02721cam a2200277 4500
001			ABS67947
008			040625n2004 000 0 eng u
035			_a(Sirsi) u126605
245			_aJeffrey Ian Sargeant and Caroline Elizabeth Sargeant v Macepark (Whittlebury) Ltd
260			_c2004
490			_aEstates Gazette _v[2004] 38 EG 164-174(13)
520			_a[2004] EWHC 1333 (Ch), 8 June 2004. Claimant landlord S applied for a ruling that a clause restricting the use of a proposed extension to hotel premises on land leased by defendant tenant (M) was reasonable and could be inserted into a lease so as to vary it. S hadgranted a lease to M to build a hotel within a country park. The lease contained clauses restricting future development and construction works at the hotel. M sought permission to extend the hotel and after lengthy negotiations, S granted M a licence to commence building works subject to outcome of ruling. The court was asked to determine whether S's business interests were legitimate considerations when deciding whether the refusal of consent to building alterations was reasonable and if S should have sought compensatory payment under the Landlord and Tenant Act 1927 s19(2) for any loss suffered. "International Drilling Fluids Ltd v Louisville Investments (Uxbridge) Ltd" (ChD, [1986] Ch 513) and "Ashworth Frazer v Gloucester City Council" ([2001] UKHL 59, Abs64811) set out important principles relating to law of reasonableness. "Held": that where a tenant's use of a proposed building extension might have a detrimental effect on the landlord's business, the landlord could legitimately refuse consent for the insertion of a condition restricting the use of the extension into the lease. However as in this instance where the condition precluded the tenant from carrying on some of his existing business activities it went further than was reasonable in protecting the landlord's interests. View at www.courtservice.gov.uk.
590			_aABS
590			_aABS
590			_aABS
650			_aSARGEANT AND ANOTHER V MACEPARK (WHITTLEBURY) LTD
650			_aINTERNATIONAL DRILLING FLUIDS LTD V LOUISVILLE INVESTMENTS (UXBRIDGE) LTD
650			_aASHWORTH FRAZER LTD V GLOUCESTER CITY COUNCIL
650			_aLANDLORD AND TENANT ACT 1927 S19
650			_aRESTRICTIVE CLAUSES
690			_aLANDLORD AND TENANT-LEASES-CASE LAW
856			_uhttps://www.courtservice.gov.uk/View.do?id=2591 _zView judgment on the Court Service websiteƯ
856			_uhttps://www.courtservice.gov.uk/View.do?id=2591 _zView judgment on the Court Service websiteƯ
856			_uhttps://www.courtservice.gov.uk/View.do?id=2591 _zView judgment on the Court Service websiteƯ
942			_n0
999			_c117595 _d117595