Is it a single dwelling? Determination of breach not required where shop converted to multiple flats in breach of lease – Hardwicke Chambers

‘David Peachey was recently successful in Zash Properties Limited v Landau Medical Consultancy Limited (County Court, HHJ Johns QC), which dealt with the conversion of a shop into two studio flats in breach of lease. The case raises interesting points about whether a determination of breach is required prior to the service of s.146 notices in respect of headleases of multiple dwellings, and whether it is reasonable for a landlord to refuse consent for change of use from commercial to residential use because of the statutory rights applicable to residential long leases.’

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Hardwicke Chambers, 18th January 2021

Source: hardwicke.co.uk