buying house, clause in land registry documents stating can't run a business ...

happycamper3

Hi just received back my documents from the solicitor, on the land registry document, it states that I can't run a business from the property, well I am a child minder, so will be running a business from my new home.

what does the statement mean, waiting for my solicitor to ring me back, but don't want a anxious weekend.

any advice please.

N79

It means you can not run a business from the property.

Ask your solicitor who benefits from the covenant and his (edit: Sorry, of her!) opinion on how likely it is for the beneficiary to take enforcement action. If the beneficiary is long dead / lost in the mists of time then you can probably breach it fairly safely.

Richard_Webster

It means you can not run a business from the property.

Ask your solicitor who benefits from the covenant and his (edit: Sorry, of her!) opinion on how likely it is for the beneficiary to take enforcement action. If the beneficiary is long dead / lost in the mists of time then you can probably breach it fairly safely.

Need to see what solicitor says but the above may well be the way to go.

Also be careful not to wind up neighbours as they sometimes start rooting around and looking at covenants and trying to see if they can enforce them!

happycamper3

I will only be minding 3 children before school and 3 after school, (they are my best friends children) and they would be at my house regardless anyway, (if I decide to buy the house) Is childminding a business or service?? not sure as only been childminding for 2 months.

Accountant_Kerry

Childminding is a business as is everything that earns you money that isn't working for an employer, you provide a 'service' this service is your business.

chris_m

If they are your friend's children and you don't take any money then it's not a business. Maybe you could arrange some form of recompense "in kind" instead of money?

tyllwyd

I thought it is possible (although unlikely) that running a childminding business might need planning permission
http://www.ncma.org.uk/childminders/your_business/planning_guidance.aspx

lincroft1710

OP - just look for another. On second thoughts don't bother, you'll probably just encounter the same problem as most 20th/21st century houses will have a "no business" covenant or clause.

PasturesNew

Child minding is the sort of business that would annoy neighbours and cause a nuisance, potentially. I had a neighbour who had 2 of her own, took in her sister's 2 and minded 2 officially. Bl00dy nuisance it was. They were new build houses and so only had "chicken wire" round the gardens ... I planted some small bushes but they were taking ages to grow. Every time it was dry and I wanted to sit outside I'd have a row of annoying toddlers hanging onto the chicken wire asking constant daft questions.... or chasing each other round the 20'x14' garden with plastic swords and screaming. And all the associated arguing and crying.

There was no quiet enjoyment of my garden ever.

There were cars coming/going and doors being slammed when they arrived and left - along with the inevitable shouted "bye then... say bye bye ... go on. ... BYE BYE .... ha ha .... isn't he cute when he waves.... right, see you tomorrow then. BYE!!"

poppysarah

PasturesNew wrote: »

There was no quiet enjoyment of my garden ever.

Wow.
And I thought I could be miserable!

Could have been worse. They could have all been hers.

happycamper3

Well looks like I will have to give up my business, thing is I need to be at home and earning as my youngest dd has special needs, (and has loads of appts/clinic times, ) so no employer would tolerate me going of, now how would this go down with the dwp?? my reason why I can't work is valid, just don't want to go back on benefits.

As I say I will be looking after the chidren anyway, sometimes with my 3 I can have up to 8 children in my house, and children will be children, but they are not all unruly or loud, don't want to be renting all my life, wonder how all the other childminders get though this loophole??? as there must be one, as I know loads of childminders who have their own houses.

all I want to do is earn a living and not rely on benefits.