C&G Homes Ltd v SoS for Health
Language: English Series: Weekly Law Reports ; (1990) 1 WLR 1272-1280(9)Publication details: 1990Subject(s): Summary: ChD 11 April 1990. The district health authority acquired two houses to provide supervised housing for a group of former mental in-patients . The houses were on a residential estate being developed by the plaintiffs, C, and were subject to covenants which held that no nuisance should be caused to other residents and no business should be carried on from the premises. The patients were not paying rent for the accommodation as they were still technically under health service care and the health service would provide money for the houses budget, however if they became entitled to benefit this would be added to the common purse. C claimed that this use would be a breach of covenant and claimed damages . It was held that as the SoS was not using the house as a private dwelling but for the purpose of discharging his functions of the SoS he was in breach of covenant and this function reduced the value of other properties on the estate causing C to give concessions in order to sell them. It| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS43575 (Browse shelf(Opens below)) | 1 | Available | 42407-1001 |
ChD 11 April 1990. The district health authority acquired two houses to provide supervised housing for a group of former mental in-patients . The houses were on a residential estate being developed by the plaintiffs, C, and were subject to covenants which held that no nuisance should be caused to other residents and no business should be carried on from the premises. The patients were not paying rent for the accommodation as they were still technically under health service care and the health service would provide money for the houses budget, however if they became entitled to benefit this would be added to the common purse. C claimed that this use would be a breach of covenant and claimed damages . It was held that as the SoS was not using the house as a private dwelling but for the purpose of discharging his functions of the SoS he was in breach of covenant and this function reduced the value of other properties on the estate causing C to give concessions in order to sell them. It