[2025] UKUT 242 (LC)

This is an application by Mr Dahi Hassan and Dr Mariam Osman (‘the applicants’) under section 84(1) of the Law of Property Act 1925 (‘the Act’) for the modification of restrictive covenants affecting the title of their property, 24 Elm Road, Kingston-upon-Thames, KT2 6HP (‘no.24’). The objector to the application is their neighbour, Mr Nicholas Heath who lives at no. 24A.

The application concerns alterations that the applicants wish to make to no.24, for which they have planning permission, and which they have partly implemented. An injunction has prevented them from continuing, which has resulted in this application.

At the hearing at the Royal Courts of Justice on 16 July 2025, Mr Clive Moys appeared for the applicants, Mr Philip Brown for the objector. Mr Hassan and Mr Heath gave evidence of fact. An agreed joint statement of expert evidence by Mr Ruaraidh Adams-Cairns FRICS and Mr John Howse MRICS (together, ‘the valuation experts’) was submitted, but neither expert gave written or oral evidence.

On the day before the hearing I inspected both properties, accompanied by the parties.