[2023] UKUT 251 (LC)

Fecha: 23-Ago-2023

Conclusions

Determination

104.

I am satisfied that grounds (aa) and (c) have been made out and that I should exercise my discretion to grant the modification. There is no credible evidence that shows that modifying the covenant in the terms sought by Mr Kay will have any effect on the interests of Mrs Cunningham or Mr Nix.

105.

Subsection (1C) of the 1925 Act enables the Tribunal in modifying a covenant to add further provisions as appear to the Tribunal to be reasonable. It apparent to me that an additional precaution against disturbance can be achieved by restricting the movements of vehicles of paying guests to the new driveway and I have already mentioned Mr Kay’s acquiescence to such a stipulation. The parties are therefore invited to submit an agreed form of words that the Tribunal may incorporate into an order modifying the covenant.

Mark Higgin FRICS

24 October 2023

Right of appeal

Any party has a right of appeal to the Court of Appeal on any point of law arising from this decision. The right of appeal may be exercised only with permission. An application for permission to appeal to the Court of Appeal must be sent or delivered to the Tribunal so that it is received within 1 month after the date on which this decision is sent to the parties (unless an application for costs is made within 14 days of the decision being sent to the parties, in which case an application for permission to appeal must be made within 1 month of the date on which the Tribunal’s decision on costs is sent to the parties). An application for permission to appeal must identify the decision of the Tribunal to which it relates, identify the alleged error or errors of law in the decision, and state the result the party making the application is seeking. If the Tribunal refuses permission to appeal a further application may then be made to the Court of Appeal for permission.