Acting for a landlord in connection with unlawful use of part of premises that was preventing development of part of retained property due to noise created by tenant on ground/basement. The Council agreed following our representations that the use was unlawful. The Council refused to use their discretionary enforcement powers so we filed a judicial claim of the same.
Following the filing of that judicial review claim, the tenant that was causing the issue then agreed to forfeit its lease and our client now has control of the ground/basement. This has enabled it to comply with the planning condition and go ahead with its development on upper floors of student housing. Consequently we have withdrawn the judicial review, having served its purpose of persuading the tenant to forfeit its lease.