Sheffield City Council v Jackson & Ors [1998] EWCA Civ 881 (21 May 1998)

Sheffield City Council v Jackson & Ors [1998] EWCA Civ 881 (21 May 1998)

A challenge to the reasonableness of a covenant to pay service charges in a right to buy conveyance must be made before execution of the conveyance; after execution, the covenant is binding unless discharged or modified by the Secretary of State. The covenant in question was not void for uncertainty.

Citation
[1998] EWCA Civ 881
Parties
Plaintiff/appellant: Sheffield City Council; Defendants/respondents: Ronald Jackson and Mary Margaret Jackson and Others
Jurisdiction
England and Wales
Judgment Date
21 May 1998
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench Division, Sheffield District Registry) to Court of Appeal (civil Division)
Outcome
Appeal allowed
Legal Topics
Service Charges, Right to Buy, Covenants in Conveyances, Reasonableness of Covenants, Uncertainty in Contracts
Property Law Housing Law Contract Law Service Charges Right to Buy Covenants in Conveyances Reasonableness of Covenants Uncertainty in Contracts

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Parties

Sheffield City Council

Plaintiff/appellant

Ronald Jackson and Mary Margaret Jackson and Others

Defendants/respondents

Procedural Posture

Civil Appeal / Appeal From High Court (queen's Bench Division, Sheffield District Registry) to Court of Appeal (civil Division)

Legal Issues

  1. 1 Whether a covenant to pay service charges in a right to buy conveyance can be challenged for unreasonableness after execution of the conveyance
  2. 2 Whether the covenant is void for uncertainty

Ratio Decidendi

A challenge to the reasonableness of a covenant to pay service charges in a right to buy conveyance must be made before execution of the conveyance; after execution, the covenant is binding unless discharged or modified by the Secretary of State. The covenant in question was not void for uncertainty.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed with costs of the preliminary issue here and before the judge
  • Declaration to be agreed confirming the covenant is not void for uncertainty and substituting another for the declaration on unreasonableness