Upholding property rights
In November 2020 the Supreme Court unanimously decided in Alexander Devine Children’s Cancer Trust v Housing Solutions Ltd [2020] UKSC 45 that the housing association who had taken a transfer of housing from a developer, who had knowingly built in breach of a restrictive covenant, was not entitled to secure its release or modification under section 84 of the Law of Property Act 1925. Despite the pressing need for affordable housing, the Court held that the developer should not be rewarded for presenting the Tribunal with a fait accompli.