ej_topmost
Property Hawk

DISCHARGE AND MODIFICATION OF RESTRICTIVE COVENANTS

How applications arise

Under Section 84 of the Law of Property Act 1925 a person interested in freehold land, or, in certain circumstances, long leasehold land, affected by any restriction, arising under a covenant or otherwise, as to its use or building upon it may apply to the Tribunal to have the restriction discharged or modified. The Tribunal may discharge or modify the restriction if it is satisfied that one or more of the grounds set out in the section are made out; and, if it orders the discharge or modification of the restriction, the Tribunal may award compensation to any person entitled to the benefit of the restriction.
Please note that this is a difficult and technical area of law and the Tribunal strongly recommends that applicants seek legal advice when considering and making an application.

Applying to discharge or modify a restriction on a property

An application to discharge or modify a restriction must contain all the information set out in the Lands Tribunal Rules 1996, including an identification of the land which is subject to the restriction and the land which has or may have the benefit of the restriction. The identity of any person known or believed to have the benefit of the restriction must also be set out in the application. The ground or grounds in section 84 on which the applicant relies in seeking discharge or modification must be stated. It is very important to clearly state the reasons the applicant believes that any ground applies.Plans which identify both areas of land must be included with the application together with a copy of the document which created the restriction, including a coloured copy of any plan mentioned in that document.

Please note that the Tribunal does not have jurisdiction to modify or discharge any covenant that is positive in character. Applications should not include such covenants. Any application that includes positive covenants cannot proceed until the Applicant has submitted an amended application.
 
Please also note, that if you do not understand any of the terms used or the requirements under section 84, you should seek legal advice before proceeding with an application.

Publication of notices 

On receiving the application the Registrar determines what notices of the application are to be given to people who appear to be entitled to the benefit of the restriction. The applicant is directed to give personal notices to such people as can be identified by name and address, and notice by advertisement in respect of all others. The notices set out the substance of the application and require those who claim to be entitled to the benefit of the restriction who object to the application to give notice to the Registrar of their objection.
 
Be aware that an application to the Tribunal under section 84 is not akin to a planning application. Only those who are legally entitled to the benefit of the restriction may object to the application.

Notice of objection and admission of objectors

Notice of objection and any claim for compensation must be given in writing to the Registrar within 28 days of the notice of the application. The objector is required to state the basis upon which he/she claims to be entitled to the benefit of the restriction and the grounds of the objection. Where entitlement is not clear, a preliminary hearing may be held to decide disputes regarding who is entitled to object to the application.

Unopposed applications

In the case of applications to which no objection has been made, or in respect of which no one has been admitted or found entitled to oppose the application, the Tribunal may, with the consent of the applicant, determine the application without a hearing.

Opposed applications

Where objections have been made and not withdrawn, or where the grounds for the application have not been clearly established, an oral hearing will usually be held in order to decide the application.
 

Comments (0)

Name
E-mail (Will not appear online)
Subject
Comment
To prevent automated Bots form spamming, please enter the text you see in the image below in the appropriate input box. Your comment will only be submitted if the strings match. Please ensure that your browser supports and accepts cookies, or your comment cannot be verified correctly.
»
This comment form is powered by GentleSource Comment Script. It can be included in PHP or HTML files and allows visitors to leave comments on the website.
Most popular landlord information and FAQs

 

What rental yield should a landlord try to achieve?
Accelerated possession - Section 21 Notice
Non payment of rent
The Tenancy Deposit Scheme (TDS)
How to prepare a property inventory
Grounds for possession of a rental property
Fair wear and tear on a rental property?
Filling out a N5B form for possession
Landlord insurance advice
Letting to students
How do I choose the best tenant?
Should I use a letting agent?
Commercial Mortgages

Whole market search.
Instant personalised quote.
Rates updated in real time.

Find the most suitable mortgage for your individual requirements using our advanced buy-to-let mortgage finder.

Search

FORMS FOR LETTING PROPERTY

FREE TENANCY AGREEMENT (AST)
FREE SECTION 213 NOTICE
FREE PROPERTY INVENTORY
FREE SECTION 21 NOTICE
FREE SECTION 8 NOTICE
FREE TENANCY GUARANTOR FORMS
SERVING NOTICE

FINANCE AND TAX ON RENTAL PROPERTY

INCOME TAX
CAPITAL GAINS TAX
LANDLORD INSURANCE
PROPERTY INVESTMENTS
OTHER BTL FINANCE
BTL FINANCE - THINGS TO KNOW
BUY TO LET MORTGAGES
BTL MORTGAGE BROKERS
SELLING A BTL PROPERTY

RENTAL PROPERTY REGULATIONS

GENERAL SAFETY
GAS SAFETY
ELECTRICAL SAFETY
FURNITURE AND FURNISHINGS
FIRE SAFETY
TV LICENCES
HMO (HOUSE IN MULTIPLE OCCUPATION)
TENANCY DEPOSIT SCHEME (TDS)
ENERGY PERFORMANCE CERTIFICATES
COMMUNAL HEATING REGULATIONS

INVESTING IN BTL PROPERTY

A GUIDE FOR NEW LANDLORDS
WHICH PERIOD OF PROPERTY
CALCULATING RETURNS
RENTAL YIELDS
FINDING PROPERTY
SELECTION STRATEGY
INVESTMENT CHECKLIST
PROPERTY AUCTIONS
BMV PROPERTY
BUYING OFF PLAN
BUYING APARTMENTS
BUYING HOUSES
BUYING HMO'S
ALTERNATIVE INVESTMENT
KNOWING THE RISKS
PROPERTY INVESTMENT CLUBS
RENTAL TYPES

MANAGING RENTAL PROPERTY

GIVING NOTICE TO LEAVE
NON - PAYMENT OF RENT
TENANT ABANDONMENT
GETTING YOUR MONEY BACK
THE TENANT WONT MOVE OUT
THE TENANT DOES A BUNK
SQUATTERS
RAISING THE RENT
REDUCING THE RENT
REPAYING THE TENANCY DEPOSIT
FAIR WEAR AND TEAR
MOULD AND CONDENSATION
MAINTENANCE OF A RENTAL PROPERTY
APPLIANCES
LANDLORD ASSOCIATIONS

 

LETTING RENTAL PROPERTY

TEN STEPS TO LETTING
PROPERTY MARKETING
WRITING A LETTING ADVERT
FURNISHING A PROPERTY
LETTING AGENT OR DIY
SELECTING A LETTING AGENT
VETTING TENANTS
TENANTS ON BENEFITS
LETTING TO STUDENTS
PREPARING AN INVENTORY
PROPERTY HANDOVER
RENTAL DEPOSIT
TERMS OF A TENANCY
LENGTH OF A TENANCY
RESPONSIBILITY FOR REPAIR AND MAINTENANCE
TENANCIES IN SCOTLAND
ALTERNATIVE TENANCIES
LETTING TO TENANTS WITH PETS

 

LEGISLATION OF LETTING PROPERTY

INTRODUCTION
TENANCY DEPOSIT DISPUTES
ARBITRATION
ALTERNATIVE DISPUTE RESOLUTION
TRIBUNALS
HOUSING ACT APPEAL DISPUTES
THE LANDS TRIBUNAL
RIGHTS OF LIGHT APPLICATION
APPEALS FROM LEASEHOLD VALUATION TRIBUNALS (LVT's)
POSSESSION PROCEEDINGS
POSSESSION - SECTION 8 NOTICE
POSSESSION - SECTION 21 NOTICE
SECTION 21 TIMETABLE AND PROCESS
N5B POSSESSION
POSSESSION ORDERS
GROUNDS FOR POSSESSION
PREPARING FOR A POSSESSION HEARING
LEASEHOLD DISPUTES
HARASSMENT BY LANDLORDS
RENT DISPUTES BETWEEN LANDLORD & TENANT
FAIR RENT (RAC)
MARKET RENT UNDER AST
LEASEHOLD VALUATION TRIBUNALS
MODIFICATION OF RESTRICTIVE COVENANTS