Tuesday 14 March 2023
This is a second appeal. By appellant’s notice filed on 16 August 2022, the appellant appeals the order of Meade J dated 6 July 2022, whereby he dismissed their appeal and made consequential costs orders.
This was an appeal from the decision of HHJ Johns QC dated 4 October 2021, whereby he dismissed the applicant’s claim and made consequential orders. The case is about a property where the claimant is the freehold proprietor and the defendant’s landlord. Unit 8 had been used by the defendants as their home. The claim relates to the complaint that the defendants had been using Unit 8 in breach of covenant in a lease to use it as a “live/work unit”. The issue is one of construction. In particular, should the lessees both live and work from Unit 8, as claimed by the applicant/claimant or does it mean live and/or work, so as to permit residential only use.