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Blumenthal v Church Commissioners for England

Language: English Publication details: 2004Subject(s): Online resources: Summary: [2004] EWCA Civ 1688, 13 December 2004. Discusses when a convenant is a positive obligation and therefore outside the LT's juridsdiction. C appealed against a decision that the LT had jurisdiction to determine an application by B to modify user covenants in a lease, which specified that certain parts of a building had to be occupied by a particular organisation together with accommodation for their housekeeper employee. C argued that the covenants were not restrictive covenants and outside the LT's jurisdiction under the Law of Property Act 1925 s84. B contended that construing the covenants as positive obligations led to an unreasonable result making her in breach of the covenant when the organisation's tenancy expired. "Held": the covenants should not be construed as a positive obligation rendering the tenant in breach of covenant in circumstances which the tenant could not prevent. The parties would have made it clear when creating the user covenants if that result was intended. The covenant was restrictive and therefore the LT had jurisdiction to deal with B's application. Appeal dismissed.
Holdings
Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS68656 (Browse shelf(Opens below)) 1 Available 128619-1001
Law report Virtual Online ONLINE PUBLICATION (Browse shelf(Opens below)) 1 Available 128619-2001

[2004] EWCA Civ 1688, 13 December 2004. Discusses when a convenant is a positive obligation and therefore outside the LT's juridsdiction. C appealed against a decision that the LT had jurisdiction to determine an application by B to modify user covenants in a lease, which specified that certain parts of a building had to be occupied by a particular organisation together with accommodation for their housekeeper employee. C argued that the covenants were not restrictive covenants and outside the LT's jurisdiction under the Law of Property Act 1925 s84. B contended that construing the covenants as positive obligations led to an unreasonable result making her in breach of the covenant when the organisation's tenancy expired. "Held": the covenants should not be construed as a positive obligation rendering the tenant in breach of covenant in circumstances which the tenant could not prevent. The parties would have made it clear when creating the user covenants if that result was intended. The covenant was restrictive and therefore the LT had jurisdiction to deal with B's application. Appeal dismissed.