Theodossiades v Smith & Ors
Demolition of an existing dwelling house and replacement with a new block of flats is not a 'conversion' within the meaning of Section 610 of the Housing Act 1985; therefore, the restrictive covenant cannot be varied under this provision.
- Parties
- Applicant: Theodossiades; Respondent: Smith & Ors
- Jurisdiction
- England and Wales
- Judgment Date
- 23 April 2015
- Procedural Posture
- Civil / Application for Permission to Appeal
- Outcome
- application refused
- Legal Topics
- Restrictive Covenants, Statutory Interpretation, Planning Permission, Conversion of Premises
Case Brief
Summary, issues, holding and outcome
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Parties
Theodossiades
Applicant
Smith & Ors
Respondent
Procedural Posture
Civil / Application for Permission to Appeal
Legal Issues
- 1 Whether the proposed development constitutes a 'conversion' within the meaning of Section 610 of the Housing Act 1985
- 2 Whether demolition and replacement of a dwelling house is covered by Section 610
Ratio Decidendi
Demolition of an existing dwelling house and replacement with a new block of flats is not a 'conversion' within the meaning of Section 610 of the Housing Act 1985; therefore, the restrictive covenant cannot be varied under this provision.
Court Disposition
application refused
Orders
- application for permission to appeal is dismissed
Full Case Text
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