Question to the Ministry of Housing, Communities and Local Government:

To ask the Secretary of State for Housing, Communities and Local Government, what assessment she has made of the potential impact of enforcement action relating to restrictive covenants initiated following the marketing or proposed sale of a property on homeowners.

Restrictive covenants can serve legitimate purposes, but my Department is fully aware that some homeowners have faced unexpected and potentially disproportionate demands for retrospective consent for works carried out many years earlier.

Homeowners may apply to the Upper Tribunal (Lands Chamber) under section 84 of the Law of Property Act 1925 to discharge or modify a restrictive covenant. Outcomes will depend on the nature of the covenant and specific circumstances, so independent legal advice should be sought. The government-funded Leasehold Advisory Service (LEASE) also provides extensive guidance and free initial legal advice for leaseholders through its website, which can be found here.

HM Land Registry publishes guidance on making an application but does not advise whether a covenant is reasonable.

On 29 September, the government announced further measures to provide leaseholders and homeowners on privately managed estates with greater rights and protections, including legislating to give the Secretary of State powers to cap exorbitant permission fees and administration charges. We will undertake a public consultation to help determine the scope and level of those caps.