Land

Restrictive covenant - use of property only as private dwelling house - short holiday lettings infringing covenantCaradon District Council v Paton; Same v Bussell: CA (Clarke and Latham LJJ): 10 May 2000

The defendants were the owners of properties acquired from the council subject to a restrictive covenant not to use them other than as a private dwelling house.They did not occupy the properties themselves but let them to tenants on holiday lettings of one or two weeks during part of the year.

The council sought to enforce the covenants but its claims for injunctions were refused by the judge, who concluded that holiday letting did not infringe the covenants.

The council appealed.Roger Kaye QC and Guy Adams (instructed by Solicitor, Caradon District Council, Liskeard) for the council.

Damien Falkowski (instructed by James Pyke &Co) for the defendants.Held, allowing the appeal, that the covenant was to be construed in the context of the council's policy of preserving the housing and other amenities of the neighbourhood; that the concept of a 'private dwelling house' involved its use at least in some way as a 'home' that a property occupied by paying tenants for short periods on holiday lettings was not being used by them as a home; and that, therefore, it constituted use of the properties otherwise than as private dwelling houses and so infringed the covenant.