On appeal from : [2018] EWCA Civ 765


This appeal concerned a landlord’s refusal to make a planning application for increased residential use. The tenant challenged this decision on the basis that it was unreasonable. The County Court and the Court of Appeal agreed with the tenant and the landlord appealed to the Supreme Court. The question for the Court was whether the trial judge was right to find the landlord had acted unreasonably in withholding consent.

The Supreme Court allowed the appeal by a majority of three to two. The majority held that the Court of Appeal made an error of law which requires the Supreme Court to consider the question of reasonableness for itself. On the undisputed facts, the landlord was acting reasonably in protecting the value of its property. Lady Arden and Lord Wilson dissented.

For judgment, please download: [2019] UKSC 47

For Court’s press summary, please download: Court’s Press Summary

For a non-PDF version of the judgment, please visit: BAILII

To watch the hearing please visit: Supreme Court website: 14 May 2019 morning and afternoon session.