Form T381 UK: Object to Covenant Discharge or Modify

What this document is

Form T381 is the official notice used to object to an application under section 84 of the Law of Property Act 1925, which allows owners to ask the Upper Tribunal (Lands Chamber) to discharge or modify a restrictive covenant affecting their land. The form is the route by which anyone who benefits from that covenant can put their opposition on the record and ask the Tribunal to refuse, or at least limit, the proposed change.

Filing the form makes you a party to the proceedings. That comes with responsibilities as well as rights: you will be expected to set out your grounds, engage with the Tribunal's directions, and potentially attend a hearing. The form covers who you are, what gives you standing to object, which parts of the application you disagree with, why, and whether you want to claim compensation if the covenant is modified or discharged despite your objection.

It is a gateway document rather than a full pleading, but the information you include shapes how the Tribunal views your case from the outset.

How to use this document

1. Check you are entitled to object. Only those with the benefit of the restrictive covenant can object. This typically includes the original covenantee, successors in title whose land benefits from an enforceable covenant, and anyone who would suffer a real disadvantage if the covenant were removed or watered down. If your entitlement is unclear, you may need to gather title documents before filing.
2. Act within the deadline. Objections must be filed within the period stated on the publicity notice or from the date you received a copy of the application, which is generally around one month. Diarise this as soon as you become aware of the application. Late objections can be refused, and the Tribunal will not usually extend time without good reason.
3. Gather your supporting information. Before starting the form, collect your title documents, any conveyance or transfer that imposed or passed on the benefit of the covenant, plans showing the affected land, and a clear note of how the proposed change would affect you. Having this to hand makes completing the form faster and more accurate.
4. Complete every section of Form T381. Fill in your contact details, any representative acting for you, the applicant and land details, the basis of your entitlement to the benefit, and your reasons for objecting. Be clear about whether you oppose discharge, modification, or both, and indicate whether you wish to claim compensation if your objection does not fully succeed.
5. File with the Tribunal and serve the applicant. Submit the completed form to the Upper Tribunal (Lands Chamber) using its electronic filing service or by post to the Registrar, and send a copy to the applicant. Keep proof of submission. After filing, watch for directions from the Tribunal setting out the next steps, including timetables for evidence.

Common questions