Lysongo v Railtrack Plc [2001] EWCA Civ 1375 (31 July 2001)

Lysongo v Railtrack Plc [2001] EWCA Civ 1375 (31 July 2001)

The application could not succeed on the basis of retail use as there was no evidence of landlord's acquiescence; however, there is some evidence that the landlord knew of the warehousing and distribution use, warranting further consideration at a hearing on notice.

Citation
[2001] EWCA Civ 1375
Parties
Claimant/applicant: Makwelwey Lysongo; Defendant/respondent: Railtrack PLC
Jurisdiction
England and Wales
Judgment Date
31 July 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Application adjourned for hearing on notice to the other side, with appeal to follow if permission granted.
Legal Topics
Forfeiture of Tenancy, Breach of User Clause, Wrongful Repossession, Damages for Loss of Business, Planning Permission and Use Class
Landlord and Tenant Property Law Forfeiture of Tenancy Breach of User Clause Wrongful Repossession Damages for Loss of Business Planning Permission and Use Class

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Parties

Makwelwey Lysongo

Claimant/applicant

Railtrack PLC

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the claimant's use of the premises breached the user clause in the tenancy agreement
  2. 2 Whether the landlord acquiesced in or waived breach of the user clause
  3. 3 Whether the section 146 notice was valid or abandoned

Ratio Decidendi

The application could not succeed on the basis of retail use as there was no evidence of landlord's acquiescence; however, there is some evidence that the landlord knew of the warehousing and distribution use, warranting further consideration at a hearing on notice.

Court Disposition

Application adjourned for hearing on notice to the other side, with appeal to follow if permission granted.

Orders

  • Application adjourned to a hearing on notice.
  • If permission is granted at that hearing, the appeal will follow.