change of amenity and quiet enjoyment?

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    change of amenity and quiet enjoyment?

    Can someone give me a hand here?

    I have a commercial lease on a nightclub premises, which was destroyed by fire.
    The landlord is only now, three years later, beginning to rebuild, however, when the landlord submitted his planning application to rebuild the premises, he entered into private discussions with the local council and agreed that he would also apply to reduce the hours of operation of the nightclub that the existing planning permission allowed. I was not informed or approached, and found out by chance, upon which I voiced my objections, which were ignored.
    The council duly altered the planning permission to reduce the hours of operation in accordance with the landlord’s application to do so.

    Please note that there would have been no change in the hours allowed by the planning without the landlord’s application. There was no autonomous procedure by the council and this is not an issue under the licensing act.
    I have said that the landlord is not now capable of reinstating the premises in that despite the physical rebuild of the premises that will take place, the change of hours (at the landlords request) mean that the premises will not de facto be as it was, and therefore no reinstatement can take place. Or in other words, the landlord may be replacing the building but not its amenity, and as such he has affected my beneficial use of the premises.

    The landlord says that he is rebuilding the property, and that is all he is obliged to do and the change of hours is irrelevant.

    My question is, is this a breech of the lease? Does it constitute a breech of peaceful enjoyment? Or a failure to reinstate?

    I would be very grateful for any advice and specifically examples of case law that deal with this point. If anyone can point to a case where a landlord altered the amenity of a commercial premises, I would be very grateful.

    Thanks!

    #2
    Pragmatically, I guess it depends whether the LL is forcing you to continue renting the place or not.

    Also, could the place not have been rebuilt as it was without a planning application?

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      #3
      I would have thought that your lease would have terminated when the property became unuseable.

      Are you sure it didn't?

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        #4
        Originally posted by itoast View Post
        My question is, is this a breech of the lease? Does it constitute a breech of peaceful enjoyment? Or a failure to reinstate?
        None of the above, but a breach of the common law obligation of a grantor (which includes a landlord) not to derogate from his grant. The landlord has taken action which decreases the value of the premises. There would surely be no doubt that it would be totally unacceptable if he had procured a condition that the premises could not be used as a night club. A reduction of hours is in the same category.

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