Repurposing - Commercial and Residential In Conflict?
The planning system increasingly encourages flexibility and repurposing, but private property rights tend to be more restrictive. The law of private nuisance and restrictive covenants operates side-by-side with the planning system to control land use. It is not just freehold rights, but also rights arising under leases, which may constrain the freedom of both landlords and tenants. The move to repurposing is undeniable, nevertheless, and urban areas are increasingly mixed-use. Whether or not housing is provided in a mixed-use development, residential occupiers increasingly find themselves next to commercial uses, with potential for conflict, and this is underlined by the nuisance claims which make their way to court. In this on demand webinar we consider the legal issues raised, and potential means of resolution of the difficulties.
Module Duration: 1 hour 49 minutes
Date Recorded: 03/07/2024
Price £80 + VAT Login to View or Register to Buy
Areas covered
The seminar will include:
- How modern case law has recast the law of nuisance
- The tension between public law and private law
- Modification and discharge of restrictive covenants, both freehold and leasehold
- Derogation from grant and repudiation of leases
- Remedies for the tenant affected by landlord’s repurposing of neighbouring premises
- Remedies for landlords resistant to tenant’s change of use
Speaker
- Mark Shelton, Commercial Property Management Law Trainer, CPM Law Training Limited and Author of 'A Practical Guide to the Law of Dilapidations' and 'A Practical Guide to Applications for Landlords' Consent and Variation of Leases'