000 01824cam a2200253 4500
001 ABS62094
008 000000n2000 000 0 eng u
035 _a(Sirsi) u105164
245 _aAshworth Frazer Ltd v Gloucester City Council
260 _c2000
490 _aEstates Gazette
_v[2000] 12 EG 149-156(8)
520 _aCA 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.
590 _aABS
650 _aASHWORTH FRAZER LTD V GLOUCESTER CC
650 _aTOWN AND COUNTRY PLANNING (USE CLASSES) ORDER 1963
650 _aCOVENANTS
650 _aASSIGNMENT OF LEASES
650 _aWITHHOLDING CONSENT
650 _aCONSENT TO ASSIGN
650 _aREFUSAL
650 _aCOMMERCIAL LEASES
690 _aLANDLORD AND TENANT-BUSINESS TENANCIES-CASE LAW
942 _n0
999 _c63064
_d63064