A New Lease of life for Wilmslow Businesses

Posted on January 17, 2022

Pearson’s Property Dispute Solicitors successfully represented commercial tenants facing eviction and closure of seven well-established businesses based in the heart of Wilmslow, Cheshire.

Despite the businesses being established for more than five years, the landlady strongly pursued her case to evict our clients Morley Nurseries & Tearoom and the sub-tenants.

Commercial property disputes case

The landlady intended to demolish the buildings occupied by the commercial tenants in order to build new luxurious residential properties on the same land. East Cheshire Council had categorised the land as part of the ‘Green Belt’.

The landlady submitted four different planning proposals for building residential properties on the land. Planning permission had been granted for one of the proposed developments. Due to the four different planning proposals, three different experts assisting the Trial Judge and multiple interim hearings, the property dispute lasted for two years

The case also had a wider impact on the Wilmslow community as residents did not want to lose the businesses which created a real community hub or have further residential properties being built on ‘Green Belt Land’.

Due to the significance of the commercial property dispute, it attracted a lot of interest in the Cheshire East area and was well reported in the Wilmslow News. Counsellors in the area were also contacted to prevent the redevelopment and comments made by the residents of Wilmslow and Cheshire can be seen on the Cheshire East Council planning portal.

Manchester County Court Judgement

In November 2021 the case was finally concluded at the County Court at Manchester in favour of our clients Morley Nurseries & Tearoom and sub-tenants. Midway through the trial, the landlady withdrew her claim of having a “genuine and fixed intention to carry out the proposed redevelopment works” on the ‘Green Belt Land’ and she was ordered to pay the tenants legal costs.

The outcome was a welcome relief to the commercial tenants who continue to provide a great service to the residents of Wilmslow; including a garden centre, tearoom, dog grooming salon, local Manchester airport parking and more.

Commenting on the case Leigh Sunter for the commercial tenants stated:

“It was always questionable whether the landlady intended to build residential property on the land if the tenants left. My clients believed the landlady had a different motive and challenged the landlady on her true intentions. After a hard-fought property dispute, the landlady withdrew her case and agreed to offer the tenants new commercial leases. I am pleased the tenants can now focus on running their businesses rather than focusing on their landlord’s unscrupulous attempts to evict them, especially in these uncertain times caused by Covid 19.”

The team at Pearson Solicitors were happy to obtain a result for the commercial tenants who are now negotiating the terms of a new commercial lease which will be concluded in 2022.

How can we help

We have experienced Disputes Resolution Solicitors with a demonstrated history of dealing with both civil and commercial property disputes such as:

Commercial Property Lease Renewals or Termination
Commercial Landlord and Tenant disputes
Claims for Dilapidations
Seeking Recovery of Rent Arrears
Serving Break Notices and other notices

At Pearson Solicitors, we successfully assist in Landlord and Tenant Disputes. Our specialist Property Disputes Lawyers can offer advice to resolve landlord and tenant issues across England and Wales. Contact Leigh Sunter on 0161 785 3500 or email enquiries@pearsonlegal.co.uk

*Image Morley Nurseries & Tearoom

Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.

This blog was posted some time ago and its contents may now be out of date. For the latest legal position relating to these issues, get in touch with the author - or make an enquiry now.