Restrictive Covenants Case Shocks
Lawntown Ltd v Camenzuli and another
[2007] EWCA Civ 949
CA
10 October 2007
Weekly Law Reports Summary
Where the court was exercising its discretion under s 610(2) of the Housing Act 1985 to decide whether to vary a restrictive covenant to permit conversion of a single dwelling house into flats where planning permission had been granted there was no presumption, let alone duty, in favour of varying the covenant. It was left to the court to take account of all relevant factors and to carry out a balancing exercise, giving such weight as it judged appropriate to the various factors in the exercise of its discretion.