[2024] UKUT 187 (LC)

Case No: LC-2022-471

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

28 June 2024

TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007

RESTRICTIVE COVENANTS – DISCHARGE – MODIFICATION – covenant prohibiting use other than as “an old persons’ warden scheme” – modification sought to permit general residential use – whether restriction obsolete – whether modification would disadvantage beneficiaries – section 84(1)(a) and (aa), Law of Property Act 1925 – application allowed

BETWEEN:

CLARION HOUSING ASSOCIATION LIMITED

Applicant

-and-

MR V.C. CHITTY and others

(registered proprietors of land at Wrotham)

Objectors

St George’s Court,

Wrotham,

Kent TN15

Mr Peter D McCrea FRICS FCIArb and

Martin Rodger KC, Deputy Chamber President

28 May 2024

Ben Maltz, instructed by Weightmans LLP, for the applicant

The objectors were unrepresented and did not attend

© CROWN COPYRIGHT 2024

The following cases are referred to in this decision:

Alexander Devine Children's Cancer Trust v Housing Solutions Ltd [2020] UKSC 45

Re Truman Hanbury & Buxton & Co Ltd’s Application [1956] 1 QB 261