Home-working has created legal conundrums for property practitioners—what to do about covenants preventing business use? In this week’s NLJ, Michael Ranson and Taylor Briggs, barristers at Falcon Chambers, explore the recent case of Hodgson v Cook in which a home owner sought modification of a covenant prohibiting home-working.
Ranson and Briggs cover the ‘relatively well-known but often little-understood’ discretionary jurisdiction to discharge or modify covenants. They look in detail at Hodgson and share their views on the implications of the case for home workers (partial and main). There may be more such cases to come—the authors predict ‘an increase in attempts to enforce such covenants’.
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