[2024] UKUT 62 (LC)

Case No: LC-2022-597

AN APPLICATION UNDER SECTION 84 OF THE LAW OF PROPERTY ACT 1925

Royal Courts of Justice

15 March 2024

TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007

RESTRICTIVE COVENANTS – modification – proposed extensions to terrace of houses -covenant preventing alteration of external appearance of houses – whether covenant secured practical benefits of substantial value or advantage – s.84(1) (aa) and (c), Law of Property Act 1925 – application refused

BETWEEN:

RAKESH PATEL AND OTHERS

Applicants

-and-

LIAM PHILIP SPENDER AND 103 OTHERS (1)

FIT NOMINEE LIMITED AND FIT NOMINEE 2 LTD (2)

Objectors

4, 6, 8, 10, 12, 14, 16, 18, 20, 22 and 24 Ferry Street,

London, E14 3DT

Upper Tribunal Judge Elizabeth Cooke and Mr Mark Higgin FRICS FIRRV

30 January – 2 February 2024

Decision date:

Mr Stephen Jourdan KC and Mr Michael Ranson for the applicants, instructed by Brethertons LLP

Mr Liam Spender for the objectors

© CROWN COPYRIGHT 2024

The following cases are referred to in this decision:

C & G Homes Ltd v Secretary of State for Health [1991] Ch 365

Duval v 11 – 13 Randolph Crescent Limited [2020] AC 845

Martin v Lipton [2020] UKUT 8 (LC)

Morris v Brookmans Park Roads Ltd [2021] UKUT 125 (LC)

Re Bass (1973) 26 P & CR 156

Ridley v Taylor [1965] 1 WLR 611

Shephard v Turner [2006] EWCA Civ 8