stevejjj Posted July 5, 2007 Report Share Posted July 5, 2007 Hello folks, I am considering buying a freehold property to use for holiday letting (1 – 2 weeks per booking) The property has the following restrictive covenant in the deeds "Not to use the property for any other use other than a single private dwellinghouse nor cause a nuisance or annoyance to any adjoining owner or occupier not to erect any building on the property without the prior consent of the Vendor" Does this mean I would be unable to rent it out as a holiday property? What does "single private dwelling house" mean in non legal speak? Who could enforce the covenant other than the neighbours? What options I do I have to get the covenant removed? and is that a good idea? Thanks in advance for your advice. Link to comment Share on other sites More sharing options...
Melboy Posted July 5, 2007 Report Share Posted July 5, 2007 Single private dwelling house means you cannot operate a business from that property. Holiday letting could cause a possible problem from a noise point of view to neighbours. Covenants are enforcable and I have just had first hand experience of that here where I live re- a 37 year old covenant that was enforced on a property owner who decided to move a fence to enclose a grass verge which went against the original builder's covenants of 'no enclosure'. The neighbours complained and the complaint was upheld by the Council and land registry office and he was forced to remove it and re-instate it within 28days to it's original position. Mel. Link to comment Share on other sites More sharing options...
J4L Posted July 5, 2007 Report Share Posted July 5, 2007 I'm gonna ask maybe a daft question here but do you mean leasehold or freehold? "not to erect any building on the property without the prior consent of the Vendor" Wouldn't a freeholder be the vendor anyway?? Link to comment Share on other sites More sharing options...
stevejjj Posted July 6, 2007 Author Report Share Posted July 6, 2007 Thanks for the info. I think vendor in this case means the seller at the time the covenant was put in. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.