Effect of ex-GLC property's restrictive covenants

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    Effect of ex-GLC property's restrictive covenants

    I am dealing with an ex-GLC property that was told to a tenant before the Right To Buy sales took place under the HA 1980.

    There is a restrictive covenant in the deeds that the then owner or anyone subsequently purchasing the property cannot build or add on to the property and the house must be used as a private dwelling house for occupation by a single family. There are also restrictions on parking of motor vehicles or caravans in the front garden.

    The house has a sizeable plot to the side and planning permission has been granted by the LA for the erection of a two storey 3 bedroom detached house with parking spaces.

    !n 2006 the present owner applied to the LA to have the RC lifted. He was charged £300 for a valuation report, which the LA refused to give him a copy of and they asked for £59,000. The matter then went dorment but I shall shortly be dealing with the same.

    Before I do so, has anyone on this board had a similar problems with their LA were the ex-GLC properties were passed to the respective LA's at the abolition of the Council?

    I am familar with the removal of RC and all that and also am fully aware of the relevant case law concerning properties which were sold under RTB etc. and what the consequences of such restrictions were.

    As pointed out, I am specifically looking at the ex-GLC properties sold pre- 1980 HA and the result of removal of RC.

    Any enforcement of a covenant against the person whose property is burdened (covenantor, O) pre-supposes that the person seeking to enforce (covenantee, C) has retained property to which the benefit is annexed. However, that is not invariable. Local authorities have special powers to enforce even if no property is retained with the benefit annexed, provided that the relevant statutory power is recited: usually the Housing Act 1985 or the Local Government (Miscellaneous Provisions) Act 1976.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).


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