<p data-pm-slice="1 1 []">The Tribunal gave little weight to the separate EPC and commercial nature of the sale. Whilst these are characteristics of a commercial property, they do not prevent residential suitability. The planning restriction for the ground floor preventing residential use was also given little weight. The Tribunal acknowledged that residential use would amount to a breach, but nonetheless held it to be “suitable” for such use.</p>
Rather more weight was given to Mr Stephen’s recent personal use. From January to October 2019 Mr Stephen made personal use of the ground floor, parking his car in the garage, and using the games room and wine cellar for hospitality. After October 2019, the garage was used for his wife’s business, but the personal use of the games room continued.

The Tribunal gave this more weight than the planning restriction as it showed the ground floor could easily be accessed and used as a part of the overall residential dwelling on the upper floors.

This case emphasised that suitability does not equal practical nor actual use. The ground floor cannot be used as a residential dwelling due to its planning restriction but was deemed “suitable” for such.