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  • FIRST POST
    • Fortyfoot
    • By Fortyfoot 23rd Mar 17, 8:27 PM
    • 1,739Posts
    • 892Thanks
    Fortyfoot
    Breach of Covenant Question
    • #1
    • 23rd Mar 17, 8:27 PM
    Breach of Covenant Question 23rd Mar 17 at 8:27 PM
    My son has received the letter below along with all the other house owners in the area. Does he need to act or not. He has lived here for about ten years and has not done any building or alterations.

    Is this company just trying to frighten people and make money out of them. Will this company be monitored by the FSA or other governing body?

    Thanks,

    Fortyfoot
Page 4
    • jimbog
    • By jimbog 28th Jun 17, 10:37 PM
    • 598 Posts
    • 950 Thanks
    jimbog
    Have you heard anything back Jimbog?
    Originally posted by Lloydy118
    Not as yet. It may be that I won't until they have done some investigations of their own. I directed them to this thread and Yenton's website.
    The problem with quotations on the internet is that you can never verify their authenticity - Abraham Lincoln
    • Keep pedalling
    • By Keep pedalling 28th Jun 17, 10:48 PM
    • 3,755 Posts
    • 4,019 Thanks
    Keep pedalling
    My solicitor called me today and his words were the land is yours and the house is paid for so he doesn't know what they can really do to us. He also advised me that Gascoine are involved in lots of different companies from cattle to building. He said that there are a lot of people who have received the letters so they have spent some time and money. I don't think anyone is sure what to do but if we all pay up they will have made an awful lot of money! What do you get for your money and my solicitor,said he would be interested to know.
    I definitely think watchdog would be interested.
    Originally posted by Jdowson
    All they could really do is take you to the small claims court, but that would be easily defended as they have no evidence of any breaches. Keep any correspondence they send you but pay nothing.
    • Jdowson
    • By Jdowson 29th Jun 17, 12:59 PM
    • 4 Posts
    • 3 Thanks
    Jdowson
    I have just contacted my local MP and so I will update you on the response.
    • Guest101
    • By Guest101 29th Jun 17, 1:14 PM
    • 15,128 Posts
    • 14,761 Thanks
    Guest101
    Literally that letter is at best a training pad for a puppy.


    Would suggest anyone receiving it ignores it.
    • mollyd126
    • By mollyd126 11th Jul 17, 11:55 AM
    • 1 Posts
    • 0 Thanks
    mollyd126
    covenants
    Has anyone got any updates on this? We have had the same letter in our area.
    • YentonMinsterHomes
      Verified User verified user
    • By YentonMinsterHomes Verified User verified user 11th Jul 17, 1:02 PM
    • 11 Posts
    • 0 Thanks
    YentonMinsterHomes
    covenants will restrict the sale of your property PLEASE SEEK LEGAL ADVICE
    Re: Restrictive covenants

    You are the owner of the above property and your property is subject to restrictive covenants detailed by a transfer dated made between Yenton Minster Homes Limited and (enclosed).

    Yenton developed the properties and sold the houses which were constructed. Each sale of each house was on very similar terms. The form of transfer which was used when Yenton sold the houses to individual purchasers (who are referred to in each transfer as the "Transferee") included a provision at schedule 3.

    The covenants entered into by the buyers (transferees) of each house or subsequent purchaser of each house are enforceable by, Yenton or Gascoines as successors in title to the freehold estate of the remaining parts of the land. The ability of, Yenton or Gascoines enforce the covenants means they can (should they so wish) grant retrospective consent on such terms as they decide.

    Restrictive covenants apply to changes to your property such as, sheds or outbuildings, conservatories, structural alterations, changing of windows or doors or any additions, alterations to fencing, addition of patio or pathways, driveway alterations, alterations to the facades, or external building additions such as aerials, sky dishes as well as registering a business at the address or parking business vehicles, vans or caravans on driveways. Each of these are considered breaches.

    We should point out that the onus is on the house owner to seek authorisation from ourselves prior to any alterations to the property as required by Schedule 3 of the original transfer of the property. In many cases this has been overlooked or, new home owners have taken on previous owner’s responsibilities. it is up to you as the owner of the property and not for us to point out what changes may have taken place after the event.

    At the time of your purchase we assume that your solicitor would have drawn your attention to the Schedule 3 covenants and made the appropriate enquiries of your seller and identified whether any alterations had been carried out and their impact on you particularly when you come to sell the property. We should point out that restrictive covenants do not expire or lapse and must be adhered to.

    We are currently updating our records in line with planning departments and our agents are reporting back with any changes found on all properties that have covenants. Retrospective charges will apply and you may be requested to produce plans or professional drawings for any unauthorised alterations to the property which can be expensive. An administrative charge is applied to each individual breach to your property if identified by our staff.

    To address breaches, please within 14 days of this letter, obtain a waiver of the covenants by visiting: www.yenton.co.uk/covenants
    (payments are processed through Paypal, please select ‘pay as guest’ if you do not have a Paypal account)

    Alternatively, cheques are made out to the Gascoine Group Ltd and are posted to the address stated below.

    For a limited time only, we offer a complete surrender ofrestrictive covenants in their entirety, this is chargeable at £ 399.00 and can be selected on our website.

    Should you choose not exercise this option, schedule 3 breaches are chargeable and require our prior / retrospective consent. Individual covenant charges are dealt with on a case by case basis and charges are calculated in accordance with the actual breaches. Restrictive covenants remain on your deeds indefinitely and effect the sale of your property.

    Should you require any further information, please call us on our dedicated line for covenants queries 0800 689 0096 or, alternatively, email us: covenants@yenton.co.uk.


    Yours sincerely



    Chris Gascoine
    Official Company Representative
    I am the official company representative of Yenton. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
    • davidmcn
    • By davidmcn 11th Jul 17, 1:06 PM
    • 5,936 Posts
    • 5,691 Thanks
    davidmcn
    I note all they're doing is copying and pasting their letter (complete with typos) rather than engaging in any of the queries already on this thread.
    • jimbog
    • By jimbog 11th Jul 17, 1:30 PM
    • 598 Posts
    • 950 Thanks
    jimbog
    Is there anybody at your offices who can proof read letters before they are issued?

    There is simply no excuse for such poor use of English.
    The problem with quotations on the internet is that you can never verify their authenticity - Abraham Lincoln
    • m0bov
    • By m0bov 11th Jul 17, 1:55 PM
    • 1,075 Posts
    • 722 Thanks
    m0bov
    Its just phishing.
    • YentonMinsterHomes
      Verified User verified user
    • By YentonMinsterHomes Verified User verified user 11th Jul 17, 2:23 PM
    • 11 Posts
    • 0 Thanks
    YentonMinsterHomes
    This is not phishing. We deal with 100's of letters a week from Solicitors/owners when houses are sold or mortgaged. Poor English probably but legally correct. We have advised people to gain legal advice and preferably from a lawyer not from when they bought the property if they were not told at the time about the covenants.
    Please be aware this will affect any house sale as the owner will have disclose that we have informed that there is a breach of covenant.
    Official Company Representative
    I am the official company representative of Yenton. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
    • YentonMinsterHomes
      Verified User verified user
    • By YentonMinsterHomes Verified User verified user 11th Jul 17, 2:26 PM
    • 11 Posts
    • 0 Thanks
    YentonMinsterHomes
    I can also inform that our deed of release has been accepted by the Land Registry so the covenants will be removed officially from the register of title once payment has been released.
    Official Company Representative
    I am the official company representative of Yenton. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
    • YentonMinsterHomes
      Verified User verified user
    • By YentonMinsterHomes Verified User verified user 11th Jul 17, 2:30 PM
    • 11 Posts
    • 0 Thanks
    YentonMinsterHomes
    That's not correct. We have been asked to provide the breaches to mortgage companies on the properties as they have a legal interest in the property. As previously stated a buyers solicitor of a property will be informed of the breach and this will have to be rectified before any sale of the property.
    Official Company Representative
    I am the official company representative of Yenton. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
    • YentonMinsterHomes
      Verified User verified user
    • By YentonMinsterHomes Verified User verified user 11th Jul 17, 2:31 PM
    • 11 Posts
    • 0 Thanks
    YentonMinsterHomes
    I note that you have contacted your MP. I suggest you gain legal advice.
    Official Company Representative
    I am the official company representative of Yenton. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
    • YentonMinsterHomes
      Verified User verified user
    • By YentonMinsterHomes Verified User verified user 11th Jul 17, 2:34 PM
    • 11 Posts
    • 0 Thanks
    YentonMinsterHomes
    Gascoines Group Limited. Please make a complaint to us at our head office address 1 Church Street Southwell Notts NG250HQ
    Official Company Representative
    I am the official company representative of Yenton. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
    • YentonMinsterHomes
      Verified User verified user
    • By YentonMinsterHomes Verified User verified user 11th Jul 17, 2:36 PM
    • 11 Posts
    • 0 Thanks
    YentonMinsterHomes
    No we are not. We have building houses since 1938. The letters also show the transfer and the covenant on the title.
    Official Company Representative
    I am the official company representative of Yenton. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
    • YentonMinsterHomes
      Verified User verified user
    • By YentonMinsterHomes Verified User verified user 11th Jul 17, 2:38 PM
    • 11 Posts
    • 0 Thanks
    YentonMinsterHomes
    Please read your letter, transfer and office copy.
    Official Company Representative
    I am the official company representative of Yenton. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
    • davidmcn
    • By davidmcn 11th Jul 17, 2:41 PM
    • 5,936 Posts
    • 5,691 Thanks
    davidmcn
    Please read your letter, transfer and office copy.
    Originally posted by YentonMinsterHomes
    Please learn how to use the quote function, otherwise we have no idea which posts you're replying to.
    • gettingtheresometime
    • By gettingtheresometime 11th Jul 17, 2:43 PM
    • 2,863 Posts
    • 6,461 Thanks
    gettingtheresometime
    Is this the way professional companies act these days?
    Lloyds OD / Natwest OD / PO CC / Wescott cleared thanks to the 1 debt v 100 day challenge


    Next on the list - the Argos Card!
    • lincroft1710
    • By lincroft1710 11th Jul 17, 3:50 PM
    • 9,750 Posts
    • 7,765 Thanks
    lincroft1710
    Is this the way professional companies act these days?
    Originally posted by gettingtheresometime
    No. Professional companies act professionally.

    I am so grateful for YM posting here, as their posts have persuaded me to never knowingly buy a YM home.
    • Mojisola
    • By Mojisola 11th Jul 17, 3:57 PM
    • 28,355 Posts
    • 72,170 Thanks
    Mojisola
    I am so grateful for YM posting here, as their posts have persuaded me to never knowingly buy a YM home.
    Originally posted by lincroft1710
    No-one would buy a house from the company if they were made fully aware of this -

    "Restrictive covenants apply to changes to your property such as, sheds or outbuildings, conservatories, structural alterations, changing of windows or doors or any additions, alterations to fencing, addition of patio or pathways, driveway alterations, alterations to the facades, or external building additions such as aerials, sky dishes as well as registering a business at the address or parking business vehicles, vans or caravans on driveways. Each of these are considered breaches."

    Tenants have more power over the homes they rent than a home owner with these restrictions.

    Doesn't the law have things to say about unfair clauses? Would it be considered fair to have to pay the house builder because part of the fence was damaged in a storm and you replaced it or that you needed a new aerial for the TV?
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