Buy to let Landlords beware – letting prevented by lease user restriction

The Upper Tribunal has held that a flat owner was prevented from letting out their flat due to the terms of the lease restriction as to the use of the property. The landlord successfully appealed against a decision at first instance that the flat owner was not in breach of covenant. In the case of Roundlistic Limited v Jones and Seymour [2016] UKUT 325 (LC), a restrictive covenant confirmed the maisonette's use to occupation by the tenant and their family. This was held to mean meant that only the flat…

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