Enforceability of Restrictive Covenants

Restrictive covenants can stymie development.  The case of Bath Rugby Limited v 77 Great Pulteney Street Limited and Godfrey Douglas White and Others illustrates the point.

A covenant to repair is not a covenant to modernise

The Upper Tribunal’s decision in Mountview Estates Plc v W8 Property Ltd [2026] UKUT 196 (LC) provides useful guidance on the condition in which a flat is to be valued when calculating the premium payable for a statutory lease extension.

The case concerned a flat which both parties’ valuers described as “uninhabitable”. The landlord argued that the valuation should nevertheless assume that the flat had been brought up to a clean, modern and readily marketable standard because the lease required the tenant to keep it in “good tenantable repair”.

Leaseholder fails to Change of Use to Residential for enfranchisement risk

Leaseholder fails to overturn Freeholder's refusal of consent to Change of Use to Residential for enfranchisement risk