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11:44 28 June in News & Case Studies

Rotrust Nominees Ltd v Hautford Ltd (2018) EWCA Civ 765

This is an interesting case from the Court of Appeal.  In short, where a property has commercial use, the leaseholders can apply for planning permission to change the commercial into residential and therefore reduce the commercial floor area to less than 25% and therefore allow an enfranchisement.

The above case was in regard to a 1967 Act but there is no reason why it should not be allowed also for a 1993 Act application.

It is worth noting that a landlord may still be entitled to refuse consent if a tenant applies for permission to do something that would enable it to require the freehold from the landlord, but this applies where leases pre-date the introduction of leasehold enfranchisement.

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