In 2001 Tobias granted to Violet a 125-year legal lease of Flat 6 in Banyan Court in London. The lease includes these provisions:

Assignment is allowed with the landlord’s consent.
The premises must not be used for business purposes.
No alterations to the premises will be permitted.

In 2010 Violet assigns the lease to Jésus. In 2015, Jésus assigns it to Alvita. In that same year Alvita assigns the lease to Carter. All assignments have Tobias’ consent.
Since 2017, Carter has been using the premises as the base for his business, an unlicensed betting shop.
In adjusting the premises for his business, Carter undertook extensive renovations, including significant structural work.
Tobias has only recently become aware of Carter’s use of the premises and is deeply concerned by the breaches. Tobias has come to you seeking advice about the situation.
What advice would you give to Tobias that he should seek to action immediately?

Question

In 2001 Tobias granted to Violet a 125-year legal lease of Flat 6 in Banyan Court in London. The lease includes these provisions: 
 
 Assignment is allowed with the landlord’s consent. 
 The premises must not be used for business purposes. 
 No alterations to the premises will be permitted. 
 
 In 2010 Violet assigns the lease to Jésus.  In 2015, Jésus assigns it to Alvita.  In that same year Alvita assigns the lease to Carter.  All assignments have Tobias’ consent. 
 Since 2017, Carter has been using the premises as the base for his business, an unlicensed betting shop. 
 In adjusting the premises for his business, Carter undertook extensive renovations, including significant structural work.  
 Tobias has only recently become aware of Carter’s use of the premises and is deeply concerned by the breaches. Tobias has come to you seeking advice about the situation. 
 What advice would you give to Tobias that he should seek to action immediately?

Answer

Carter’s use of the premises as an (illegal) betting shop changes the use of the property from residential to commercial. As such, Carter can peaceably re-enter the premises without fear of prosecution

Answer

To avoid any accidental waiver, Tobias should immediately refuse to accept any payment from Carter that may be due as part of his performance of the lease.

Answer

Tobias should immediately issue a s.146 notice to Carter, detailing the breaches complained about

Answer

Tobias should immediately exercise his right to re-enter given the severity of the breaches in question

Crowdly

In 2001 Tobias granted to Violet a 125-year legal lease of Flat 6 in Banyan Cour...

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