UK Property Law
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Thanks for your question.
To enable me to answer your question could you please respond to the following:-
Okay, but you say that a commercial lease has been granted to the charitable limited company. The lease will state what the company is permitted to use the property for in a specific clause in the "Tenant's Covenants" part of the lease.
What does this say?
Thanks for your reply.
The tenant is permitted to use the property for the purpose referred to in the first clause you have selected. If they use the clause for another purpose and they do not apply to the landlord for consent then this will be a breach of use which could be enforced by the landlord.
If though the company use the property only as a theatre, with all the required functions that requires, then the landlord will not be able to prevent them doing this because they have a legal leasehold estate in the land which is fully enforceable and governed entirely by the lease.
If there are specific functions which the property is being used for then please specifically let me know so I can provide further guidance.
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I will answer your follow up questions you may have.
You refer to "trustees", can you restrict yourself to using either "landlord" or "tenant" please.
Are the "trustees" the landlord or tenany please?
If the tenant has a lease over the whole of the building to use the property as a theatre for the length of the fixed term then the landlord can only enter in accordance with the lease.
This will usually be for the purpose of checking that the tenant is complying with the tenant's covenants (ie. repair etc) and can only be used reasonably. THe clause may also permit entry for the landlord within the final quarter of the term for the purpose of viewings to potential tenants or buyers.
If the tenant and the landlord are effectively different legal entities/persons then the tenant has a right of occupation and use of the property in preference to the landlord - that is the point, the landlord has given up their usual rights in respect of the property by granting the lease in consideration for the rent they receive.
The tenants should put this in writing to the landlord if they consider that this is a breach of contract and possibly follow it up with a solicitors letter before action.
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