February 16, 2018 | less than a minute read

Modifying Restrictive Covenants

Maples Teesdale

As applications to discharge and/or modify restrictive covenants are on the rise, it is encouraging to see the Upper Tribunal taking a pragmatic approach. In Re Holden's Application [2018] the Tribunal modified a restrictive covenant preventing use precluded the carrying on of any trade or business on the property to allow a double garage to be used as a dog grooming parlour. It would be interesting to see if the same decision would have been reached had there been any objections to Holden's use.

Restrictive covenants and running a business By EG13/02/2018PrintDownloadShare The Upper Tribunal demonstrates a pragmatic approach to business and community interests, writes Ellodie Gibbons. In 2012 Paul Holden purchased a detached house in a small village in Lincolnshire. It had a detached double garage, which Holden had converted into a dog grooming parlour. Planning permission had been granted, including permission for an advertising sign. However, there was an obstacle to the use of the garage as a dog grooming parlour, namely restrictive covenants in the transfer to Holden, which precluded, among other things, the carrying on of any trade or business on the property. No doubt to the relief of the dog owners of Lincolnshire, the Upper Tribunal has modified the covenants affecting the house so as to enable Holden to carry on trading: Re Holden’s Application [2018].