Great Jackson Street Estates Limited v Manchester City Council

Great Jackson Street Estates Limited v Manchester City Council

The covenants are not obsolete as they continue to serve their original purpose of allowing the Council to control the use and development of the site. The proposed use is reasonable, but the covenants secure substantial practical advantages to the Council, particularly in ensuring the development is completed in accordance with the Council's strategic objectives. Modification would injure the Council by depriving it of this control. None of the statutory grounds for modification or discharge are satisfied.

Parties
Applicant: Great Jackson Street Estates Limited; Objector: Manchester City Council
Jurisdiction
England and Wales
Judgment Date
08 August 2023
Procedural Posture
Application Under Section 84 of the Law of Property Act 1925 / Final Judgment
Outcome
Application dismissed
Legal Topics
Modification of Restrictive Covenants, Leasehold Covenants, Discretionary Powers of Tribunal, Obsolescence of Covenants, Practical Benefits to Landlord
Property Law Landlord and Tenant Law Modification of Restrictive Covenants Leasehold Covenants Discretionary Powers of Tribunal Obsolescence of Covenants Practical Benefits to Landlord

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Parties

Great Jackson Street Estates Limited

Applicant

Manchester City Council

Objector

Procedural Posture

Application Under Section 84 of the Law of Property Act 1925 / Final Judgment

Legal Issues

  1. 1 Whether leasehold restrictive covenants should be modified or discharged under section 84(1) of the Law of Property Act 1925
  2. 2 Whether the covenants are obsolete due to changes in the character of the property or neighbourhood
  3. 3 Whether the proposed use is reasonable and the covenants impede it without securing practical benefits of substantial value to the landlord

Ratio Decidendi

The covenants are not obsolete as they continue to serve their original purpose of allowing the Council to control the use and development of the site. The proposed use is reasonable, but the covenants secure substantial practical advantages to the Council, particularly in ensuring the development is completed in accordance with the Council's strategic objectives. Modification would injure the Council by depriving it of this control. None of the statutory grounds for modification or discharge are satisfied.

Court Disposition

Application dismissed