Michael Cantrell v Wycombe District Council (Record no. 80650)

MARC details
000 -LEADER
fixed length control field 02551cad a22002775a 4500
001 - CONTROL NUMBER
control field L144930
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 080821e20080729xxk f v 000 0 eng d
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u144930
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title Michael Cantrell v Wycombe District Council
Medium [electronic resource]
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2008
520 ## - SUMMARY, ETC.
Summary, etc. [2008] EWCA Civ 866. Case found that S609 of the Housing Act 1985 did not permit enforcement of positive covenants against a subsequent purchaser of the freehold. Appellant (C) appealed against attempts by a local housing association to use the aforementioned act to empower positive obligations in an agreement written between the housing association (W) and the local authority. C purchased a property from W, who had purchased it from another registered social landlord. An agreement between W and the local authority was registered as a local land charge, the details of which became apparent after a search was carried out subsequent to C's purchase. W had agreed to carry out certain maintenance as part of an agreement to provide housing to nominated persons in the local community. The local authority in turn had paid W part funding for the property and maintained that as it had made an investment in housing stock that it was entitled to retain control of said stock under the auspices of S609. Held: appeal allowed. S609 enabled a covenant to be enforced 'in like manner' as if it had been interested in 'such land'. In absence of contrary authority, the legislation must have been intended to disapply the requirement that the covenantee retained land and the requirements that the covenants were enforceable to the extent that they benefited land of the covenantee. Parliament could not have intended to put a local housing authority in the position that no private landowner could make the burden of positive covenants run with freehold land.
590 ## - LOCAL NOTE (RLIN)
Local note KA
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element MICHAEL CANTRELL V WYCOMBE DISTRICT COUNCIL
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element GEE V NATIONAL TRUST FOR PLACES OF HISTORIC INTEREST OR NATURAL BEAUTY
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element HOUSING ACT 1957 S151
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element HOUSING ACT 1985 S609
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element IRC V JOINER
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element RHONE V STEPHENS
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LCC V ALLEN
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1982 S33
651 #4 - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME
Geographic name United Kingdom
Chronological subdivision
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element PROPERTY-RESIDENTIAL PROPERTY-COMMUNAL RESIDENTIAL PROPERTY-COMMUNAL RESIDENTIAL FACILITIES
856 40 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWCA/Civ/2008/866.html">https://www.bailii.org/ew/cases/EWCA/Civ/2008/866.html</a>
Public note View the case free of charge online at www.bailii.org...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     Virtual Virtual Online 21/08/2008   ONLINE PUBLICATION 144930-1001 06/08/2019 1 06/08/2019 Law report