Lease – restrictive covenants – discharge and modification

Although in the event the subject application was lost, this case raises awareness of a useful statutory provision that can be deployed to try and discharge or modify restrictive covenants in leases, including business leases, providing, of course, that they meet the statutory criteria.

The statutory provisions: Law of Property Act 1925

‘ 84.— Power to discharge or modify restrictive covenants affecting land.