Lodger & Restricvie Covenant

Bonny1

Wow.. weirdest problem of the day...

any legal eagles.. lol lol

Debt_Free_Chick

I'm not convinced that a lodger results in a separate family unit, but it really depends on what the law on this matter prescribes.

To me, a lodger is someone who shares in the existing family unit. A lodger wouldn't normally live a completely separate life under the same roof. They would share "the family's" bathroom and kitchen facilities, for example.

I wonder what your neighbour is hoping to achieve ....?

geoffky

will it cost your next door neibour too much to enforce...tell them to mind thier own ......bloody do gooders... get legal advice..then ignore it...

G_M

I'm surprised you've had a solicitor's letter.

Is the neighbour a party to the covenant, or simply aware of its existance (eg because there's a similar one on his property?)

As suggested above, it can only be enforced by the other party to the covenant or their heirs etc. ie the sisters, or whoever enherited from the sisters, or the builder.

As for 'family', the definition has definately broadened over the last 42 years. But if it could be proved the lodger paid rent, had their own room, and had only restricted access to the rest of the house, then that would not be 'family'. If on the other hand.....

Richard_Webster

The covenant would appear to cover this situation but the neighbour may not be able to enforce it - write back to solicitor asking them to demonstrate how the neighbour has the right to enforce the covenant.

Also the neighbour may hope that writing threatening letters will do the trick but when their solicitor tells them the likely cost of going to court they may think again!

Generally the rather bizarre rule is that if the builder sold the house to the first buyer after he sold the neighbour's house to the first buyer then the neighbour can't enforce - if the other way round they may able to do so.

SquatNow

Does the letter refer to "sub-letting"?

If it does, a polite note back to the solicitors that in order to sub-let you have to be letting in the first place, and as you own the property this is not the case, might tell them to get stuffed.

At the same time, try and get a copy of the covenant, then make a list of how many the neighbour is breaching and send them a list.

I bet there is at least 2.

Emmylou_2

Badger_Lady wrote: »

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?

Do you know me, Badger Lady? This is preciely the situation me and best mate are in. We've shared a house/flat for over ten years now, in three different cities. We're definitely family...we even describe ourselves as being "like an old married couple - we argue about money and cleaning and don't have sex :rotfl:"

We're definitely family.

tbs624

One for Richard - how expensive/time consuming is it to go via LPA1925, s84 to apply for modification of a restrictive covenant?

Even if the neighbour was a beneficiary (?) under this covenant couldn't it be argued that the fact that the OPs lodger has been there for over 2 years without complaint signifies that there is no real issue? Can such a covenant offer "substantial value" 40 -odd years down the line? ( not sure it would have done originally but there we are)?

I suppose the "one family" thing may have effects on parking provision in the area covered by the covenant, or was maybe an attempt to prevent it becoming a shared housing "ghetto" but it's actual wording seems ludicrous to me. You could effectively have a family of say 9 in the property and that would be okay but owner plus 1 lodger falls foul?

Am presuming neighbour is of empty life, lemon sucking variety OP?

DVardysShadow

Dianejoy wrote: »

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!!!

You know, on this one, I would play stoopid and write back to the solicitor 'I am not a family, why do you want me out? Is this not in breach of my human rights?'.

Solicitor will love you for ever, because they will realise that they can charge their client loads to have stoopid conversations with you.

mrstinchcombe

Ring them and put on a Paul Whitehouse style Dutch voice and say "Thish is my lodger and also my lover..."

http://www.zie.nl/flash/embed/m1bzr4mff87s/medium/