Steve Maskery
Established Member
I'm not allowed to operate a commercial tannery from my address.
Bummer.
S
Bummer.
S
Another question!! - Change of Use (working from home)
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Tony Spear
Established Member
Steve Maskery":12ovi7mg said:I'm not allowed to operate a commercial tannery from my address.
Bummer.
S
I'm not surprised - have you ever smelled one? :mrgreen:
devonwoody
Established Member
Covernants are very difficult to be enforced especially if the convernent was with an earlier purchaser of the property.
The cost of a plaintiff going to court to get a covernent charge far exceed a fee obtainable in most instances.
The covernents on our property have been sold on to others to enforce but they have given up trying to enforce.
Its usually a little perk for the solicitors and insurance company who make money on a house exchange IMHO.
The cost of a plaintiff going to court to get a covernent charge far exceed a fee obtainable in most instances.
The covernents on our property have been sold on to others to enforce but they have given up trying to enforce.
Its usually a little perk for the solicitors and insurance company who make money on a house exchange IMHO.
pren
Established Member
Cheers for all that! Made me feel a bit more confident about my situation.
Having done a bit of digging on 'tinterweb, it seems that all council and ex-council properties seem to have the same generic covenants on them. TBH, I think ones covering the parking of cars and caravans in the garden and running a trade are aimed at preventing the council tennants from having their extended families moving into caravans on the property and from having numerous cars being broken down and sold from the property. Not sure why. I loves a good car-scrap-yard feature in my garden :roll: :lol:
From what I can see, unless they've all have the covenants removed, almost all my neighbours are in breach of one or more of them.
I've sent a very vague email to my local council asking about covenants and ways around them. Might have been unwise to put myself on their radar, but there were no specific details given.
Thanks again for your patience!
Cheers,
Bryn :-D
Having done a bit of digging on 'tinterweb, it seems that all council and ex-council properties seem to have the same generic covenants on them. TBH, I think ones covering the parking of cars and caravans in the garden and running a trade are aimed at preventing the council tennants from having their extended families moving into caravans on the property and from having numerous cars being broken down and sold from the property. Not sure why. I loves a good car-scrap-yard feature in my garden :roll: :lol:
From what I can see, unless they've all have the covenants removed, almost all my neighbours are in breach of one or more of them.
I've sent a very vague email to my local council asking about covenants and ways around them. Might have been unwise to put myself on their radar, but there were no specific details given.
Thanks again for your patience!
Cheers,
Bryn :-D
pren
Established Member
Right.
Had a reply from the council re: the covenants on my house. Reply from the Revenue section to the customer services bod to me:
Please see comment regarding your enquiry as follows:-
Please could you advise that as the house is an ex-Council house all the`deeds/covenant' information would be with the owner's mortgage lender.They would need to contact their mortgage lender regarding the covenant details. As the house is not a Council house - Housing Services would not now hold that information.
Now, if my understanding is correct and the council/local authority owned all the houses in my 1930's estate that means that they are the only ones who can enforce the covenants (presuming they were the one's who applied them in the first place).
Does this email essentially mean that the council are washing their hands of the covenants as the house is no-longer owned by them? If so, does that mean the covenants are void?
I must admit that Mailee's nightmareish predicament has put the wind up me, so I really want to be sure of my position before going any further.
Cheers.
Bryn. :-D
Had a reply from the council re: the covenants on my house. Reply from the Revenue section to the customer services bod to me:
Please see comment regarding your enquiry as follows:-
Please could you advise that as the house is an ex-Council house all the`deeds/covenant' information would be with the owner's mortgage lender.They would need to contact their mortgage lender regarding the covenant details. As the house is not a Council house - Housing Services would not now hold that information.
Now, if my understanding is correct and the council/local authority owned all the houses in my 1930's estate that means that they are the only ones who can enforce the covenants (presuming they were the one's who applied them in the first place).
Does this email essentially mean that the council are washing their hands of the covenants as the house is no-longer owned by them? If so, does that mean the covenants are void?
I must admit that Mailee's nightmareish predicament has put the wind up me, so I really want to be sure of my position before going any further.
Cheers.
Bryn. :-D
devonwoody
Established Member
Bryn, I have not heard of a covenant enforcement in years, the last one I heard of the plaintiff lost because the first purchaser had moved on and the plaintiff could not get the court verdict.
So enquire of neighbours what has happened with their changes, as mentioned before its a legal perk.
If neighbours have ignored the covenants and no action was taken, I would go down that route as well.
A legal approach will cost you fees and you will not get a definitive answer.
So enquire of neighbours what has happened with their changes, as mentioned before its a legal perk.
If neighbours have ignored the covenants and no action was taken, I would go down that route as well.
A legal approach will cost you fees and you will not get a definitive answer.
pren
Established Member
Hi.
The more digging I do on these covenants, the more of a pointless thing they seem to be.
Anyway, I've had this response from my Council.
I have enquired with the Planning Department and they have verbally informed me that you would probably not require planning permission (change of use) for the activity you have described.
However, please could you telephone the Planning Department on xxxxxxxx to assure yourself and confirm the details with them.
They specifically need to confirm that you would not generate extra traffic, noise, etc.
They have, however, informed me that should you want this confirmed in writing there is a charge of £25.00.
So that seems to be all my ducks nicely lined up as far as this matter goes. Just need to enquire about commercial rates, meet with accountant blokey, register with Johnny Taxman and sort out public liability insurance (£75ish p/a).
I have to say, I'm surprised by just how helpful the council have been with this.
The more digging I do on these covenants, the more of a pointless thing they seem to be.
Anyway, I've had this response from my Council.
I have enquired with the Planning Department and they have verbally informed me that you would probably not require planning permission (change of use) for the activity you have described.
However, please could you telephone the Planning Department on xxxxxxxx to assure yourself and confirm the details with them.
They specifically need to confirm that you would not generate extra traffic, noise, etc.
They have, however, informed me that should you want this confirmed in writing there is a charge of £25.00.
So that seems to be all my ducks nicely lined up as far as this matter goes. Just need to enquire about commercial rates, meet with accountant blokey, register with Johnny Taxman and sort out public liability insurance (£75ish p/a).
I have to say, I'm surprised by just how helpful the council have been with this.
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