000 01463cam a2200229 4500
001 ABS64695
008 011102n2001 000 0 eng u
035 _a(Sirsi) u115459
245 _aLuminar Leisure Ltd v Apostole
260 _c2001
490 _aEstates Gazette Law Reports
_v [2001] 42 EG 140-145(6)
520 _aChD 24 May 2001. The claimant (L) held a lease of premises that had been previously operated by the defendant landlord (A) as a nightclub. The premises were subsequently listed as buildings of special interest and L applied to A for consent to underlet and change of use to a fitness centre. Based on the advice and assessment of his valuer (W), A refused consent claiming the change of use and proposed rental value would not compensate him for £300,000 loss of reversionary value. L claimed damages contesting that A had unreasonable withheld consent. A counterclaimed for damages for alleged breaches of covenant by L. L's claim was allowed and A's counterclaim dismissed on the grounds of flawed advice from W. W's method of valuing the business was improper and he had incorrectly dismissed the fitness club as a 'fad' that would not last.
590 _aABS
650 _aUNDERLETTING
650 _aLUMINAR LEISURE LTD V APOSTOLE
650 _aFITNESS CLUB
650 _aCHANGE OF USE
650 _aNIGHTCLUB
650 _aValuation
_96273
690 _aLANDLORD AND TENANT-BUSINESS TENANCIES-CASE LAW
942 _n0
999 _c68766
_d68766