Section 610 Power of court to authorise conversion of premises into flats.

(1)

The local housing authority or a person interested in F1any premises may apply to the county court where—

(a)

owing to changes in the character of the neighbourhood in which the F2premises F3are situated, they cannot readily be let as a single dwelling-house but could readily be let for occupation if converted into two or more dwelling-houses, or

(b)

planning permission has been granted under F4Part III (general planning control) or, in relation to England, Part 13 (application to Crown land) of the Town and Country Planning Act 1990 for the use of the premises as converted into two or more separate dwelling-houses instead of as a single dwelling-house,

and the conversion is prohibited or restricted by the provisions of the lease of the premises, or by a restrictive covenant affecting the premises, or otherwise.

(2)

The court may, after giving any person interested an opportunity of being heard, vary the terms of the lease or other instrument imposing the prohibition or restriction, subject to such conditions and upon such terms as the court may think just.

Annotations

Textual amendments

F1: Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(e), Sch. 9 Pt. V para. 88
F2: Word substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(e), Sch. 9 Pt. V para. 88
F3: Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(e), Sch. 9 Pt. V para. 88
F4: Words in s. 610(1)(b) substituted (1.5.2025) by The Town and Country Planning (Fees and Consequential Amendments) Regulations 2025 (S.I. 2025/418), regs. 1(3), 11

Notes on Part XVIII

Modifications

C1: Pt. XVIII (ss. 604–625): power to apply certain functions with modifications conferred by Housing Act 1988 (c. 50, SIF 61), s. 65(6)