The applicants, the application and the open offer
The applicants, the application and the open offer
The applicants
There are five applicants. Mr Rakesh Patel owns numbers 4, 6, 8, 10, 12, 14 and 24. Through First Docklands Property Management Limited, which is wholly owned and controlled by Mr Patel, he also owns Number 22. We refer to those eight properties together as “the Patel properties”. They are all let as HMOs, and each has five occupants at present although Mr Patel’s evidence was that they have been occupied by four, five or six people at various times. Each has an HMO licence for six occupants. Number 16 is owned by Mr Mikky Ho and is let on an assured shorthold tenancy to two tenants, but his evidence was that he intends to move back there once the projects are completed. Number 18 is owned by Mr Anthony Onabanjo. At the time of the application Number 20 was owned by Mr Ali Tekin Atalar but in July 2023 the property was sold to Ms Carolyn Chuah. Only Mr Onabanjo and Ms Chuah currently use their properties as their home.
- Heading
- Introduction
- The facts
- The statutory background
- The applicants, the application and the open offer
- The application
- The open offer
- The objectors’ cases
- Does the covenant impede a reasonable use of the applicants’ land?
- Does the covenant, in impeding that reasonable use, secure practical benefits to the objectors? If so, are those benefits of substantial value or advantage?
- The prevention of increased nuisance from the occupants of HMOs
- The preventions of additional strain on the estate services and the service charges
- Damage to the trees at the back of the application houses
- Overlooking from the new balconies
- The change to the architecture of the development
- The breach in the building scheme and the risk of further development in the future
- Disturbance from the work done to carry the proposed projects
- Discretion
- Conclusions
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