Sheffield CC v Jackson and others
Sheffield CC v Jackson and others
- 1998
- Weekly Law Reports [1998] WLR 1591-1603(13) .
The defendants (J) exercised their right to buy their properties on a large city hosing estate. The conveyances contained provision for them to contribute to upkeep of the area by way of service charges. J failed to pay these charges. Upon action by the council for the arrears, it was found that whilst the covenant in the conveyance was not void for uncertainty, it was unreasonable and unenforceable, as the upkeep of the area would benefit residents of the city as a whole. Appeal allowed.
BREACH OF COVENANT
HOUSING ACT 1985
MAINTENANCE COSTS
RIGHT TO BUY
SERVICE CHARGES
SHEFFIELD CC V JACKSON AND OTHERS
The defendants (J) exercised their right to buy their properties on a large city hosing estate. The conveyances contained provision for them to contribute to upkeep of the area by way of service charges. J failed to pay these charges. Upon action by the council for the arrears, it was found that whilst the covenant in the conveyance was not void for uncertainty, it was unreasonable and unenforceable, as the upkeep of the area would benefit residents of the city as a whole. Appeal allowed.
BREACH OF COVENANT
HOUSING ACT 1985
MAINTENANCE COSTS
RIGHT TO BUY
SERVICE CHARGES
SHEFFIELD CC V JACKSON AND OTHERS