Housing Act 1985

Enforceability of covenants, &c. E+W

609 Enforcement of covenants against owner for the time being. E+W

Where—

(a) a local housing authority have disposed of land held by them for any of the purposes of this Act and the person to whom the disposal was made has entered into a covenant with the authority concerning the land, or

(b) an owner of any land has entered into a covenant with the local housing authority concerning the land for the purposes of any of the provisions of this Act,

the authority may enforce the covenant against the persons deriving title under the covenantor, notwithstanding that the authority are not in possession of or interested in any land for the benefit of which the covenant was entered into, in like manner and to the like extent as if they had been possessed of or interested in such land.

610 Power of court to authorise conversion of premises into flats. E+W

(1) The local housing authority or a person interested in [F1 any premises] may apply to the county court where—

(a) owing to changes in the character of the neighbourhood in which the [F2 premises][F3 are situated, they] cannot readily be let as a single [F3 dwelling-house] but could readily be let for occupation if converted into two or more [F3 dwelling-houses], or

(b) planning permission has been granted under Part III of [F4 the Town and Country Planning Act 1990] (general planning control) for the use of the [F2 premises] as converted into two or more separate dwelling-houses instead of as a single dwelling-house,

and the conversion is prohibited or restricted by the provisions of the lease of the [F2 premises], or by a restrictive covenant affecting the [F2 premises], or otherwise.

(2) The court may, after giving any person interested an opportunity of being heard, vary the terms of the lease or other instrument imposing the prohibition or restriction, subject to such conditions and upon such terms as the court may think just.

Textual Amendments

F1 Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(e), Sch. 9 Pt. V para. 88

F2 Word substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(e), Sch. 9 Pt. V para. 88

F3 Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(e), Sch. 9 Pt. V para. 88

F4 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123: 1, 2), s. 4, Sch. 2 para. 71(5)