Long lease – Offices – Restrictive covenant – Section 84 Law of Property Act 1925 – Modification to permit residential user – Approach

Shaviram Normandy Ltd v Basingstoke and Deane Borough Council [2019] UKUT 256 (LC) (Mr Martin Rodger QC, Deputy President and Mr Paul Francis FRICS) (30 August 2019)

Commentators have suggested this is a groundbreaking case where s84 of the Law of Property Act 1925 has been used to modify a covenant in a lease of commercial premises. The importance of the case can be seen by the representation – Mr Philip Rainey QC for tenant and Mr Ranjit Bhose QC for the landlord.