[2024] UKUT 33 (LC)

On 24 February 2022 the Tribunal made an order under section 84(1), Law of Property Act 1925 modifying covenants in the lease of The Black Horse, a public house in Southwark. The modifications were in respect of covenants prohibiting the making of alterations without consent, restricting assignment and subletting, and requiring that the premises be kept open and used as a public house.

Section 84(1) confers power on the Upper Tribunal “on the application of any person interested in any freehold land affected by any restriction arising under covenant or otherwise as to the user thereof or the building thereon, by order wholly or partially to discharge or modify any such restriction” on being satisfied that various conditions are met.

The Tribunal’s order was made without a hearing as no objection had been received to the application under section 84 from the owner of the freehold and landlord under the lease, the London Borough of Southwark.

On 1 November 2023, by which time The Black Horse had been converted into flats and let on new sub-leases, Southwark applied to the Tribunal to set aside the order of 24 February 2022 and for an extension of time within which to file an objection to the application to modify the covenants.

This is my decision on that application following a hearing on 26 January 2024 at which Southwark was represented by Philip Rainey KC and the applicant and leaseholder, Blackhorse Investments (Borough) Ltd, was represented by Jonathan Upton.