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001			L144930
008			080821e20080729xxk f v 000 0 eng d
035			_a(Sirsi) u144930
041	0		_aeng
245	0	0	_aMichael Cantrell v Wycombe District Council _h[electronic resource]
260			_c2008
520			_a[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			_aKA
650	2	4	_aMICHAEL CANTRELL V WYCOMBE DISTRICT COUNCIL
650	2	4	_aGEE V NATIONAL TRUST FOR PLACES OF HISTORIC INTEREST OR NATURAL BEAUTY
650	2	4	_aHOUSING ACT 1957 S151
650	2	4	_aHOUSING ACT 1985 S609
650	2	4	_aIRC V JOINER
650	2	4	_aRHONE V STEPHENS
650	2	4	_aLCC V ALLEN
650	2	4	_aLOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1982 S33
651		4	_aUnited Kingdom _y
690			_aPROPERTY-RESIDENTIAL PROPERTY-COMMUNAL RESIDENTIAL PROPERTY-COMMUNAL RESIDENTIAL FACILITIES
856	4	0	_uhttps://www.bailii.org/ew/cases/EWCA/Civ/2008/866.html _zView the case free of charge online at www.bailii.org...
942			_n0
999			_c80650 _d80650