doesn't live in the real world...
Still valid, but not enforceable, therefore a waste of time.. (But like many laws really :-) e.g. we have one that says no ext aerials. But no aerial = no tv. Therefore covenent unreasonable, so no-one inc LA will challenge non-complilance.. So every house has ext aerial...
Ahh, but what about corrugated plastic? This shows the stupidity of such clauses...
I don't think that's a problem as long as you don't have hordes of customers queuing up at your door.
BUT, check your household insurance to make sure you are covered.
Roger
I'm not allowed to set up as a Hatters, Bleaching Vitriol Glass or Copper Works, Iron Foundry, Soapboiler, Tallow Chandler melter of fat or pipe maker. Damn.
David
enforceable,
But - the only way to do that is to PAY the solicitor to do so, so he wins either way :-(
Restrictive covenants aside, it is a problem if the Council find out that you are running a business from home without paying business rates on the property.
Colin Bignell
Not necessarily. The benefit of the covenant may have passed to the other residents of the development. This doesn't always happen, but it frequently does. Apart from that, you were right.
I bet not being able to be a melter of fat was a bit of a blow!!?
I concur. I'm also discreet about the bordello in the cellar...
Working from home, in my case, does not imply I own or run a business. I remain an employee. I would be particularly hacked off to be held up for business rates, as I cannot even claim any element of personal household expenditure against tax (my employer has some office facilities which I could use).
This is what I have always undestood to be the case, most covenants are in reality unenforceable and the above explains why. They really are only effective and useful in the first few years of a property's life.
The above is erroneous for the reason already posted.
"Lobster" wrote | I'm not allowed to set up as a Hatters, Bleaching Vitriol | Glass or Copper Works, Iron Foundry, Soapboiler, Tallow | Chandler melter of fat or pipe maker. Damn.
My drying green shall be used only for the purpose of drying or bleaching clothes, or for ornamental or garden ground. No brewing, distilling, chemical works or manufacture of any kind shall be carried out upon the subjects, nor shall the subjects be used as licensed premises for the sale of wines, spirits or malt liquors.
There is a provision that each dwellinghouse shall be used solely as a dwellinghouse for not more than one family - which prevents the granting of an HMO licence.
Slightly menacingly, if any proprietor shall contravene or fail to implement any of the foregoing burdens then his title to his property and all that follows thereon shall in the option of us become null and void and the proprietor shall forfeit his whole right and title to the dwelling house and common parts...
Owain
IANAL but IMHO this is oversimplistic: if the covenants come under the definition of a 'building scheme' any owner can enforce against any other. So AIUI if Barratt develop an estate of freehold houses and sell them all with a covenant not to do xxx any owner can take action against any other owner who transgresses.
Pretty much. It's not invariably the case. But it very often is. The benefit of a covenant *can* pass to everyone on an estate - despite the original beneficiary having gone or not even existing any more.
Your status within the business is irrelevant. If part of the property is used for business use, for example a room that is set up as an office, then business rates should be paid on that part (as well as having planning permission for the change of use). OTOH, if your house is entirely domestic use and 'working from home' simply means that you use it, for example, as base from which you travel to customers' premises, then business rates are probably not due.
Colin Bignell
Without wanting to get into too much of an argument, is it okay if the home office can be used for other (domestic) purposes ? In my case, it still has all the dining room furniture that was here before I started home-working. My understanding is that no business rates would normally apply in this case.
Having something along those lines added to my deeds (and they are deeds - no land registry certificate here!) in order to protect a family burial plot - any new owners must keep the designated area in good order - not allow any excavations, nor build on it. Must also allow access on particular anniverseries - which gives those who have an interest a chance to inspect and verify the conditions are being adhered to - and if necessary operate a snatch-back of the property.
Should keep the new owners in order ...
Barley Twist (Please put out the cats to reply direct)
Thankyou again for all your replies.
After finally getting hold of solicitor, not much further forward, and are just waiting too see what happens.
The only kinda quick fix seems too be the insurance option ( but who knows). Wonder how much it would cost for the vendors to do that (Full market for eternity).
Probably not enforceable, though!
I was under the impression that civil law doesn't allow a disproportionate penalty clause to be enforced. I thought only criminal law allowed fines, which is what this clause amounts to.
(IANAL)
Christian.
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