Form T379: Discharge or Modify a Restrictive Covenant (2026 Guide)

At a glance

• What it does: Form T379 applies to the Upper Tribunal (Lands Chamber) under section 84(1) of the Law of Property Act 1925 to discharge (remove) or modify (alter) a restrictive covenant affecting land.
• Who can apply: Anyone interested in the freehold land burdened by the covenant. Leaseholders can also apply, but only where the original lease term was more than 40 years and at least 25 years have already run — s.84(12) then treats the land as freehold for these purposes (mining leases are excluded).
• The four grounds (s.84(1)(a), (aa), (b), (c)): obsolete due to changed circumstances; impedes a reasonable use and meets the s.84(1A) "no practical benefit / public interest" test; agreement of those with the benefit; or no injury to those with the benefit. You tick which ground(s) apply and attach a statement of case.
• Fee: the Tribunal's current version of Form T379 states a £1,025 filing (setting-down) fee, payable to HM Courts & Tribunals Service. Always check the fee currently shown on GOV.UK before you file, as Tribunal fees change from time to time.
• What you must attach: a coloured plan, current Land Registry entries, a copy of the deed or transfer that created the covenant, any relevant planning permission from the last 5 years, and a statement of case.
• The Tribunal: the Upper Tribunal (Lands Chamber) — successor, since 1 June 2009, to the old Lands Tribunal under the Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009.
• Not legal advice. This guide explains how the form and section 84 work; it does not tell you whether your covenant can be removed.

What is a restrictive covenant, and why does section 84 exist?

A restrictive covenant is a promise, written into a conveyance, transfer or other deed, that limits what an owner may do with land — commonly a ban on running a business from the property, a cap on the number of buildings, or a restriction on extensions. Because these promises are attached to the title rather than to the individual who made them, they can bind successive owners for decades, long after the reasons for imposing them have changed or disappeared.

Section 84 of the Law of Property Act 1925 gives the Upper Tribunal (Lands Chamber) power, "without prejudice to any concurrent jurisdiction of the court," to discharge or modify such a restriction on application, but only where one of four specific statutory tests is met. The Tribunal has no general power to remove a covenant simply because it is unwelcome or old — the applicant must bring the case within the wording of section 84(1).

Form T379 is the standard application that starts this process. This guide covers England and Wales, where section 84 applies.

The four statutory grounds under section 84(1)

Every application must identify at least one of these grounds, and Form T379 asks you to tick which apply:

| Ground | What it requires | |---|---| | (a) Obsolete | The restriction "ought to be deemed obsolete" because of changes in the character of the property, the neighbourhood, or other material circumstances. | | (aa) Impedes reasonable use | The restriction impedes "some reasonable user" of the land — but only where the case also falls within s.84(1A) (see below). | | (b) Agreement | The people currently entitled to the benefit of the restriction have agreed, expressly or by their conduct, to its discharge or modification. | | (c) No injury | The proposed discharge or modification "will not injure" the people entitled to the benefit of the restriction. |

Ground (aa) in detail — the s.84(1A) test

Ground (aa) only succeeds where the Tribunal is satisfied, under section 84(1A), that the restriction — in impeding the reasonable use in question — either:

• secures no practical benefits of substantial value or advantage to the people entitled to it, or
• is contrary to the public interest,

and that money would adequately compensate for any loss or disadvantage those people would suffer from the discharge or modification. Under section 84(1B), the Tribunal must also take into account the development plan, any established pattern of planning permissions being granted or refused in the area, and the period and context in which the restriction was originally imposed.

Section 84(1C) also gives the Tribunal power, when modifying a restriction, to add new provisions restricting use or building — where the applicant accepts them — as a condition of the relaxation.

Compensation

Where the Tribunal discharges or modifies a restriction, it may order the applicant to pay the person entitled to the benefit a sum of money under one, but not both, of two heads: compensation for loss or disadvantage suffered because of the discharge or modification, or a sum reflecting any reduction the restriction originally caused in the price paid for the burdened land.

Who can apply

Section 84(1) gives standing to "any person interested in any freehold land affected" by the restriction — in practice, usually the freehold owner. Section 84(12) extends the section to certain leasehold land: where a lease was originally granted for a term of more than 40 years, once 25 years of that term have elapsed the section applies to the leasehold land as though it were freehold. This extension does not apply to mining leases. A leaseholder with a shorter term, or one where 25 years has not yet run, generally cannot use section 84 directly.

Separately, section 84(9) allows someone facing enforcement proceedings over a restrictive covenant to ask the court for leave to apply to the Tribunal under section 84, and to stay the enforcement proceedings while that application is considered.

What Form T379 asks for

The form (current version dated July 2026) runs to around eight pages of questions plus a checklist, and works through the case in a fixed order:

1. Applicant's details, and representative's details if you have one. Full name, address, postcode, phone and email for the applicant, and the same for any representative — solicitor, surveyor or lay representative — who will then receive all correspondence about the case.
2. The application land. The postal address or Ordnance Survey reference, postcode, and Land Registry title number of the land burdened by the restriction, plus a recent copy of the Land Registry entry (with title plan) and a plan with the application land marked in red.
3. Your interest in the land. Whether you hold it as freeholder, leaseholder, or under some other contractual interest (attach a copy of the contract if so).
4. Everyone else with an interest in the application land, for example a landlord or joint owner.
5. Confirmation of whether the application is made with the consent of every interest holder, or without the consent of named individuals.
6. Adjacent or nearby land you also have an interest in, marked in green on the plan, if relevant.
7. The restriction(s), set out word for word. The exact text of each restriction, using the same numbering as the original deed, and identifying which document imposed each one if there is more than one. Positive covenants (requiring action or spending, rather than restricting use) cannot be included — the Tribunal has no power over those.
8. How the restriction was imposed. A copy of the deed, conveyance, transfer or other document, including its date and the parties, or an explanation of the steps taken to obtain a copy if none is available.
9. Land with the benefit of the restriction, marked in yellow or brown on the plan, with the names and addresses of everyone who may be entitled to enforce it. Identifying this land does not amount to admitting it actually has the benefit.
10. Other land subject to the same restriction, marked in blue, if the covenant burdens more than just the application land.
11. Whether your proposed use would actually breach the restriction, and if court proceedings have already been stayed under section 84(9) to allow this application.
12. Planning permission applied for, granted or refused on the application land in the last 5 years.
13. Whether you are applying for discharge, modification, or discharge or modification in the alternative — each option leads to a further section asking which of the four grounds you rely on, and requiring you to attach a statement of case setting out the facts supporting each ground claimed.
14. A checklist of enclosures, the fee, and a signed declaration confirming who is completing the form and, where applicable, that the filing and setting-down fee has been paid.

Fees and how to pay

The Tribunal's own current version of Form T379 states a filing (setting-down) fee of £1,025, payable by cheque made out to "HM Courts & Tribunals Service" — not the Lands Chamber — or by bank transfer if you notify the Tribunal of that preference when you submit. Further fees can apply as the case progresses, for example towards a hearing. Because Tribunal fees are reviewed periodically, always confirm the current figure and accepted payment methods on GOV.UK before filing.

Filing and what happens next

Applications with a professional representative must be submitted using the Tribunal's e-filing service. Applicants acting for themselves without a professional representative can instead send documents to the Registrar, Upper Tribunal (Lands Chamber), at the Rolls Building in London, or by email.

Once filed, the Tribunal typically directs that the application be publicised so that anyone who might be entitled to object becomes aware of it — using the standard publicity notice, Form T380. Anyone entitled to the benefit of the restriction who wishes to object can then file Form T381 (Notice of Objection). Where there are objections, the Tribunal gives directions about who is admitted to oppose the case and how it will proceed, commonly following the standard directions template published as Form LP1. A contested case can involve expert evidence — often from surveyors or valuers — and, ultimately, a hearing before the Tribunal decides whether to grant the discharge or modification, and on what terms.

Practical steps before you apply

1. Get an up-to-date copy of your title and the original deed. You cannot complete section 7 (the restriction, word for word) accurately without the source document.
2. Work out which ground genuinely fits your facts. Grounds (a) and (aa) both usually require evidence of change — in the neighbourhood, in planning policy, or in how the restriction now operates. Ground (b) requires proof of agreement; ground (c) requires you to show no one will be worse off.
3. Identify everyone who might have the benefit of the restriction. Missing an interested party can delay or undermine the application later.
4. Check recent planning history for the land, since the form specifically asks about permissions in the last 5 years and the Tribunal must consider the development plan under section 84(1B) for ground (aa) cases.
5. Budget for the £1,025 filing fee and further costs if the case is likely to be contested, including potential compensation payable to objectors if the application succeeds.
6. Consider getting advice before you file, particularly if you expect objections — the statutory tests are narrow, and a well-evidenced statement of case from the outset avoids delay later.

This guide provides general information about Form T379 and section 84 of the Law of Property Act 1925 as they apply in England and Wales. It is not legal advice and is not a substitute for advice tailored to your specific circumstances. The law and Tribunal fees described were accurate as at August 2026 and are subject to change — always check GOV.UK and legislation.gov.uk for the current position before filing.

Last reviewed: August 2026 by a non-practising solicitor · Next review due: August 2027 or on legislative change.