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Lodger & Restricvie Covenant
Dianejoy
Posts: 14 Forumite
My neighbour is saying that I am breaching the Restictive Covenant because I have a lodger! whom I have had for over 2years - 3 month now and have just received the solicitors letter.
Basically saying at I am sub letting (which I am not I own the house) and to cease the sub letting at once.
Have I any rights - maybe that its taken so long for him to persue this?
Is this a case of breaching my privacy!!!
This is the wording I have below on my land registry:
(b) not to occupy or suffer or permit to be occupied the building now erected on the said land or any of the dwellinghouses referred to above other than as a single private dwellinghouse in the occupation in every case of one family only.
Help I need the lodger to stay here!!!
Basically saying at I am sub letting (which I am not I own the house) and to cease the sub letting at once.
Have I any rights - maybe that its taken so long for him to persue this?
Is this a case of breaching my privacy!!!
This is the wording I have below on my land registry:
(b) not to occupy or suffer or permit to be occupied the building now erected on the said land or any of the dwellinghouses referred to above other than as a single private dwellinghouse in the occupation in every case of one family only.
Help I need the lodger to stay here!!!
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Comments
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Tell your neighbour the lodger is your partner?0
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(b) not to occupy or suffer or permit to be occupied the building now erected on the said land or any of the dwellinghouses referred to above other than as a single private dwellinghouse in the occupation in every case of one family only.
Regardless of the other person subletting or lodging, they would constitute an additional family unit and would therefore be in breach of the covenant.
That seems pretty clear cut.0 -
OP, do you own the freehold or are you leasehold? I just wonder whether that's where the "sub-letting" might come in.
I'm afraid the restrictive covenant does seem fairly clear-cut... since you've lived together for such a long time, could you argue that you are one family? Would bezzy-mates count as a family?Mortgage | £145,000Unsecured Debt | [strike]£7,000[/strike] £0 Lodgers | |0 -
Badger_Lady wrote: »since you've lived together for such a long time, could you argue that you are one family? Would bezzy-mates count as a family?
I think that's stretching it a bit.
If it came to court, do you think it would fit within a Magistrate's definition of a "family"?0 -
This was written 42 years ago - does anyone think that "things" have moved on in the world - and who would enforce this covenant - the next door neighbour? OR does he have to find the (covenantees).......0
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Fiddlestick wrote: »I think that's stretching it a bit.
If it came to court, do you think it would fit within a Magistrate's definition of a "family"?
Well, I don't know. I mean, there are plenty of pairs of friends (I'm thinking of a couple of girls I know) who pair up to live in a flat together, then move into a house together... they're not living separate lives, they're living as a family without blood relation.
Are they really very different to an unmarried couple?Mortgage | £145,000Unsecured Debt | [strike]£7,000[/strike] £0 Lodgers | |0 -
This was written 42 years ago - does anyone think that "things" have moved on in the world - and who would enforce this covenant - the next door neighbour? OR does he have to find the (covenantees).......0
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The neighbour cannot enforce the covenant. Who wrote the covenant 42 years ago?0
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2 sisters who owned the land and the Builders0
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or was it when it was signed over from the builders to my husband in 1968?0
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