Benchmark Solicitors LLP

  • Email
  • Facebook
  • LinkedIn
  • Twitter

0203 405 4540

info@benchmark-solicitors.co.uk

  • Home
  • About Us
  • Our Team
    • Paul Rogers
    • Ross Paterson
    • Louise Delgado
  • Practice Areas
    • Dispute Resolution
    • Property Repossession
    • Property Disputes and Property Investments
    • Insolvency & Bankruptcy
    • Landlord and Tenant
    • Probate Disputes
    • Agency Advocacy
    • Document Filing (Same Day)
  • Fixed Fee Work
  • News
  • Testimonials
  • Links
  • Areas Covered
  • Contact

Stevens v Ismail – modifying restrictive covenants

June 23, 2016 By Benchmark

This case concerned the jurisdiction of the Upper Tribunal to modify restrictive covenants in leases under section 84 of the Law of Property Act 1925. Under this section, the Tribunal can modify freehold covenants and also restrictive covenants affecting leasehold property where the term of the lease was for more than 40 years and 25 years of that term have expired.
The applicants owned two flats in a block of four flats. One of their flats was above the other flat and the applicants wanted to combine the two flats into a single, larger property. The applicants wanted to modify two covenants in their leases – one was a covenant not to permit any encroachment or easement to be made on the demised premises and the other was a covenant to use and occupy the premises solely and exclusively as a self-contained residential flat. For the development to proceed, the applicants needed both these covenants to be modified and a neighbour in the block objected.
Another issue was that, at some time between 1980 and 1988, the ground floor flat had been extended through the addition of a kitchen and a conservatory. In 1998, the lease of the ground floor flat was varied to give the leaseholder a right to park at the front of the block. The deed of variation included a new plan showing the area over which this parking easement could be exercised and the extension to the flat and it was also provided that this newer plan should replace the plan attached to the lease.
The neighbour’s objection was two-fold. By extending the demise of the flat, through the inclusion of the new plan, the 1998 deed of variation had brought about a surrender and regrant of the lease bringing a new tenancy into existence, of which fewer than 25 years had expired. Secondly, the user covenant was positive (as opposed to a negative covenant) It was argued that these reasons meant that the Tribunal did not have the jurisdiction to modify the clauses.
The Tribunal rejected both these submissions. The deed of variation simply added a right to park and did not extend the demise of the flat. Accordingly, there was no implied surrender and regrant of the lease so the time requirement affecting leasehold covenants was still met. The Tribunal also found that the user covenant was a negative obligation and so fell within the ambit of section 84.

Ross Paterson, Solicitor, 23rd June 2016

Filed Under: Property Disputes

Property Solicitors Central London

Benchmark Solicitors LLP is a Central London based law firm specialising exclusively in land and property related disputes.  Our team of experienced property dispute lawyers are based in Temple just moments from the Royal Courts of Justice.

Our Expertise

Our solicitors only specialise in civil dispute resolution (commonly referred to as litigation). Our team have particular expertise in claims involving property repossessions and tenant evictions, landlord and tenant disputes, bankruptcy and the family home and investment property (including foreign property investments).  Given our proximity to the Royal Courts of Justice and Central London County Court we are able to offer competitive rates for agency advocacy services.

Recent News

  • Japanese Knotweed – Article on Davies -v- Bridgend County Borough Council
  • Brooke Homes (Bicester) Limited –v- Portfolio Property Partners Limited and Others [2021] – All Reasonable Endeavours in Property Contracts
  • London Trocadero (2015) LLP v Picturehouse Cinemas Limited – Commercial Rent Arrears
  • Article on Sequent Nominees Limited v Hautford Limited

Our Advantages

Highly specialised legal services: property litigation and insolvency/bankruptcy litigation.

Close knit team: clients get combined experience.

Location: Temple, near leading courts.

Fixed Fee Initial Meeting

We offer a fixed fee no obligation sixty minute meeting for us to provide you with initial advice and direction. Contact us via the contact form, email address or telephone for more information as to how we can help you begin to resolve your dispute today.

Keeping in Touch

Post: The Gate House, Cliffords Inn Passage, Clifford’s Inn, London EC4A 1BL

Tel: 0203 405 4540

Email: info@benchmark-solicitors.co.uk

Why not keep up to date with the current law via our Twitter, Linkedin and Facebook pages.

  • Email
  • Facebook
  • LinkedIn
  • Twitter

Check us out

Copyright © 2025 Benchmark Solicitors LLP Authorised and Regulated by the Solicitors Regulation Authority registered number 567492 Benchmark Solicitors LLP is a Limited Liability Partnership incorporated in England and Wales under registered number OC 372424