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Restrictive Covenant Question

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  • Restrictive Covenant Question

    We are having problems with our next door neighbour who has been renting out his 4 bedroom property as single rooms to young professionals / students. There has been so much anti social behaviour in the past year which has had a bad affect on our lives and also our neighbours. Our properties were built in 1989.

    I have looked at my H M Land Registry and notice that there are restrictive covenants in the Deeds, one of which is the following:

    "Not to use or permit the use of the property otherwise than as a private residence in the occupation of a single household"

    Is the Landlord actually allowed to rent out his property (private residence) and if so can he rent it out to students or must it be a family.

    Thank you so much for any help and advice you can give me.

  • #2
    Re: Restrictive Covenant Question

    You can only enforce the covenant if you can show you have the benefit of it.

    You would need a solicitor to examine your title and that of the neighbour to see if there is any chance that you can enforce the covenants. It often depends on whose house was sold first by the original developer.

    If the neighbour has only just started letting his house then you might get an injunction to stop him doing it. If he has been doing it for some time then the court may refuse an injunction and you would only get damages and you would have to prove the loss in value of your property as a result of his breach. This would involve instructing a surveyor to give evidence in court about the point and with his initial report and his time in court that will cost upwards of £1,000 let alone any legal costs.

    The proceedings could be quite expensive.

    Of course the neighbour might read a letter from your solicitor and take immediate action to remove the offending the persons etc, or he might not!
    RICHARD WEBSTERwww.rwco.co.uk
    As a conveyancing solicitor I want to be helpful (England/Wales only) but can't accept liability for this.