Cantrell v Wycombe District Council [2008] EWCA Civ 866 (29 July 2008)

Cantrell v Wycombe District Council [2008] EWCA Civ 866 (29 July 2008)

Section 609 of the Housing Act 1985 does not permit the enforcement of positive covenants against a subsequent purchaser of the freehold; it only allows enforcement of restrictive covenants, disapplying the requirement that the covenantee retains benefited land, but does not make the burden of positive covenants run with the land.

Citation
[2008] EWCA Civ 866
Parties
Appellant: Michael Cantrell; Respondent: Wycombe District Council
Jurisdiction
England and Wales
Judgment Date
29 July 2008
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Enforceability of Covenants, Positive Covenants, Section 609 Housing Act 1985, Running of Covenants With Land
Property Law Housing Law Enforceability of Covenants Positive Covenants Section 609 Housing Act 1985 Running of Covenants With Land

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Michael Cantrell

Appellant

Wycombe District Council

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Does section 609 of the Housing Act 1985 empower a local authority to enforce positive covenants against successors in title to freehold land?
  2. 2 Are positive covenants enforceable against subsequent purchasers under section 609?

Ratio Decidendi

Section 609 of the Housing Act 1985 does not permit the enforcement of positive covenants against a subsequent purchaser of the freehold; it only allows enforcement of restrictive covenants, disapplying the requirement that the covenantee retains benefited land, but does not make the burden of positive covenants run with the land.

Court Disposition

Appeal allowed

Orders

  • The appeal is allowed; the Council cannot enforce the positive covenants against Mr Cantrell.