Decision Nº LC-2022-158. Upper Tribunal (Lands Chamber), 27-01-2023 , [2023] UKUT 25 (LC)
| Jurisdiction | UK Non-devolved |
| Judge | Judge Elizabeth Cooke Mr Mark Higgin |
| Neutral Citation | [2023] UKUT 25 (LC) |
| Date | 27 January 2023 |
| Court | Upper Tribunal (Lands Chamber) |
| Judgement Number | LC-2022-158 |
UPPER TRIBUNAL (LANDS CHAMBER)
UT Neutral citation number: [2023] UKUT 25 (LC) UTLC Case Numbers: LC-2022-158
Royal Courts of Justice, Strand,
London WC2A 2LL
TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007
RESTRICTIVE COVENANT – modification – covenants restricting use of site to parking of
cars – houses built in breach of covenant – whether covenants secure practical benefits of
substantial value or advantage – s.84(1)(aa) and (c), Law of Property Act
1925 – discretion of Tribunal - application allowed
AN APPLICATION UNDER SECTION 84 OF THE
LAW OF PROPERTY ACT 1925
BETWEEN: HOUSING SOLUTIONS Applicant
-and-
MR BARTHOLOMEW SMITH
Objector
Re: Exchange House,
Woodlands Park Avenue,
Maidenhead,
SL6 3LT
Judge Elizabeth Cooke and Mr Mark Higgin FRICS
Hearing: 5-6 December
Decision Date: 27 January 2023
Mr Martin Dray, instructed by Trowers and Hamlins, for the applicant
The objector was unrepresented
© CROWN COPYRIGHT 2023
2
The following cases are referred to in this decision:
Alexander Devine Children’s Cancer Trust v Millgate Developments Limited [2018] EWCA Civ
2679
Alexander Devine Children’s Cancer Trust v Housing Solutions Limited [2020] UKSC 45
Millgate Developments Limited and Housing Solutions Limited v Bartholomew Smith and the
Alexander Devine Children’s Cancer Trust [2016] UKUT 515 (LC)
Re Bass Ltd’s Application (1973) 26 P & CR 156
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