Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
If you own land that is burdened by a restrictive covenant, you may find yourself unable to develop, extend or change the use of your property in the way you had hoped. The Upper Tribunal (Lands Chamber) has the power to discharge or modify such covenants under section 84 of the Law of Property Act 1925, and Form T380 forms part of that application process.
It is the publicity notice used to alert the people who benefit from the covenant, their legal representatives, and anyone else who may want a say in what happens. This page walks through what the form covers, who needs to complete it, and where a phone conversation with an experienced legal adviser can help you make sense of your position before you go any further.
What this document is
Form T380 is the publicity notice issued by the Upper Tribunal, Lands Chamber when someone applies to have a restrictive covenant on land either discharged (removed entirely) or modified (changed). Its purpose is to put the world on notice that the application has been made, giving those who benefit from the covenant a fair chance to object or make representations before any decision is reached.
The form captures the essentials the Tribunal needs to identify the application and notify the right people. That includes who is making the application, the land affected, the deed or instrument that originally imposed the covenant, the specific wording being challenged, and what the applicant wants to do with the land instead.
Once completed, the notice is used to publicise the application so that beneficiaries of the covenant, such as neighbouring landowners, can come forward. This is a procedural step within a wider Tribunal application, not a standalone document, and it sits within a process that can become contested, lengthy and technically demanding.
How to use this document
Applicant details. Start by filling in the first part of the form with your full name, address and contact information. If you are working with a solicitor or other representative, their details go here too. The Tribunal needs to know who to correspond with throughout the matter, so accuracy at this stage saves confusion later on.
Identify the land. The second section asks you to describe the land that is subject to the restrictive covenant. You can use the postal address where one exists, or a written description where the land is not straightforward to pinpoint. Where possible, refer to title plans or Land Registry references so there is no ambiguity about which parcel is involved.
Original instrument. Next, you need to point to the transfer, conveyance, lease or other deed that originally imposed the covenant. Set out the date of the document and the parties named in it. This allows the Tribunal and any potential objectors to trace the covenant back to its source and understand how it came to bind the land.
The covenant wording. In the fourth section, quote or identify the specific part of the covenant your application relates to, using the original schedule number, paragraph number or clause reference from the deed. This matters because a single deed can contain many covenants, and the Tribunal needs to know exactly which wording you want discharged or modified.
Intended use of the land. Finally, set out what you actually want to do with the land once the covenant is lifted or changed. Whether that is building a new home, running a business from the property, subdividing a plot or something else, the proposed use is central to how the Tribunal will weigh the application against the interests of those who benefit from the covenant.
A restrictive covenant is a legally binding obligation written into a deed that limits what the owner of a piece of land can do with it. Common examples include not building more than one house on a plot, not running a business from a residential property, or not blocking a neighbour's view. The covenant typically benefits another piece of land, and the owner of that land can usually enforce it.
Q Who can apply to discharge or modify a covenant?
Any person with an interest in land affected by a restrictive covenant can apply to the Upper Tribunal under section 84 of the Law of Property Act 1925. This usually means the current owner, but in some cases a long leaseholder or other interested party may also apply. The Tribunal decides each case on its facts, so whether an application is likely to succeed depends heavily on the circumstances.
Q Who is Form T380 sent to?
The publicity notice is used to inform people who benefit from the covenant, including neighbouring landowners, along with legal representatives and the Tribunal itself. The goal is to make sure anyone who might want to object has a genuine opportunity to do so. In practice, the Tribunal gives directions on how and where the notice should be publicised.
Q What grounds can be used to modify or discharge a covenant?
Section 84 sets out specific grounds, including that the covenant has become obsolete, that it obstructs the reasonable use of the land, that those entitled to the benefit have agreed, or that modification will not cause them injury. The grounds are technical and the Tribunal applies them carefully, so framing the application correctly is important.
Q Is there a fee for applying to the Upper Tribunal?
Yes, the Tribunal charges fees for applications under section 84, and further costs can arise as the case progresses. Fees change from time to time, so check the current schedule on gov.uk before you start. You should also budget for potential professional costs if the application becomes contested by beneficiaries of the covenant.
Q Can objectors stop my application?
Objectors cannot automatically stop an application, but they can present their case to the Tribunal, which will weigh the arguments on both sides. If a strong objection is made and upheld, the application may be refused or only a limited modification allowed. Many applications are resolved through negotiation rather than a full hearing.
Q How long does the process take?
Timescales vary significantly. A straightforward, unopposed application can be resolved in a matter of months, while a contested application involving evidence, expert reports and a hearing may take considerably longer. The complexity of the covenant, the number of objectors and the Tribunal's own timetable all affect how quickly a decision is reached.
Unsure whether your covenant application stacks up?
Restrictive covenant applications turn on technical grounds under section 84, and the wording of the original deed often decides which arguments are realistic. An experienced legal adviser can help you think through your position based on what you describe on the call, so you go into the process with a clearer sense of what to expect.
✓Plain-English answers to your specific questions about the covenant
✓Practical perspective on the grounds that may apply to your situation
✓What to watch out for when preparing your application
✓Clarity on your next steps based on what you describe
Personal call · For information only · Independent advisers
Written & reviewed by
Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.
