Cantrell v Wycombe District Council [2008] EWCA Civ 866 concerns enforcement of positive covenants by a Local Authority.
In return for funds towards the purchase of another property, a housing association had granted the Council nomination rights to six properties, including the one at issue, the agreement was said to be made pursuant to s.609 Housing Act 1985. Clause 3 of the agreement stated that the covenants would be:
enforceable without any limit of time against any body or person deriving title from the original covenantor in respect of its interest in the properties and any person deriving title under it in respect of any lesser interest in the properties
Recent Comments