Housing Act 1985

[2] Paragraph 236 replicates part 10 of the Housing Act 1935, including using space standards as a means by which to control overcrowding.

[3] Section 610 provides a power for the County Court to vary the terms of a lease or a restrictive covenant to allow for conversion of a single dwelling into two or more dwellings, where either the lease or the restrictive covenant would prohibit such a conversion.

The power can be exercised where local housing need and demand has changed since the dwelling was built, or where planning permission for the conversion has been granted, and after consultation with "any person interested" in the matter.

The use of this mechanism to facilitate change in residential property usage offers an alternative to the use of section 84 of the Law of Property Act 1925, which (in its amended form) provides for circumstances in which the Lands Tribunal can discharge or revise a restrictive covenant.

The use of section 610 was reviewed in the Appeal Court case of Lawntown v Camenzuli in 2007, where Lord Justice Richards noted that there had been relatively few reported legal cases where interpretation of the section had been raised.