Short term visitor sublets were breach of lease
Landlord and Tenant – Breach of Covenant – covenant against use of flat other than as a private dwelling house and prohibiting use for trade or business – whether breached by use of flat as serviced apartment advertised on internet booking sites – section 168(4), Commonhold and Leasehold Reform Act 2002 – appeal allowed
Martin Rodger QC, Deputy Chamber President
[2020] UKUT 180 (LC)
Bailii
Commonhold and Leasehold Reform Act 2002 168(4)
England and Wales
Citing:
Cited – Florent v Horez CA 1948
The tenant who held numerous meetings of a Turkish Cypriot cultural committee at his flat. The landlord objected that this was carrying n a business and a breach of the Lease.
Held: A leisure activity, hobby, occupation, social duty or other . .
Cited – Falgor Commercial SA v Alsabahia Inc CA 1986
Granting occupational licences of a serviced apartment was a breach of a covenant not to use the premises otherwise than as a single private residence. . .
Cited – C and G Homes Ltd v Secretary Of State For Health CA 1991
The court was asked whether a health authority’s housing of former mental in-patients in two houses on a residential estate resulted in a breach of one or both of two covenants burdening the houses. One covenant, (20) was: ‘Not to cause or permit or . .
Cited – Caradon District Council v Paton; Same v Bussell CA 10-May-2000
The council had applied for an injunction to restrain the defendants from letting their properties on short term lets for holidaymakers. The houses had been sold by the council under the right to buy schemes, and they remained subject to covenants . .
Cited – Uratemp Ventures Limited v Collins HL 11-Oct-2001
Can a single room within a hotel comprise a separate dwelling within the 1988 Act and be subject to an assured tenancy?
Held: A single room can be a dwelling. Each case must be interpreted in its own light as a question of fact, but respecting . .
Cited – Swanston Grange (Luton) Management Ltd v Langley-Essen LT 12-Nov-2007
LT LANDLORD AND TENANT- Breach of covenant – Commonhold and Leasehold Reform Act 2002 s.168 – whether a breach has occurred – jurisdiction of leasehold valuation tribunal to consider whether landlord has waived . .
Cited – Triplerose Ltd v Patel UTLC 16-Nov-2018
Landlord and Tenant – Forfeiture – Covenant v Alteration of Elevation of Building – whether prohibition applicable only to front elevation – original window replaced by door giving access to flat roof – whether a breach of covenant – s.184(4), . .
Cited – Nemcova v Fairfield Rents Ltd UTLC 6-Sep-2016
Holiday lets were in breach of covenant
UTLC LANDLORD AND TENANT – BREACH OF COVENANT – long residential lease – application under section 168(2), Commonhold and Leasehold Reform Act 2003 – covenant not to use premises for any purpose other than as a . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 31 October 2021; Ref: scu.651764