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

MegaMiniMouse

PasturesNew wrote: »

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!!"

To me, the sound of children playing is music in my ears - I like it even better when the music comes from the house next door!

MMM

silvercar

happycamper3 wrote: »

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.

I thought there was a maximum number of children that childminders were allowed to look after? It used to be upto three pre-school age children to include a maximum of one baby under a year. Plus a few school age kids before and after school.

geoffky

happycamper3 wrote: »

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.

8 kids??? i am sure you are not allowed that many to look after on your own..

PasturesNew

MegaMiniMouse wrote: »

To me, the sound of children playing is music in my ears - I like it even better when the music comes from the house next door!

MMM

You're probably not troubled by ASD then - and the associated severe sensory issues this can bring.

PasturesNew

silvercar wrote: »

I thought there was a maximum number of children that childminders were allowed to look after? It used to be upto three pre-school age children to include a maximum of one baby under a year. Plus a few school age kids before and after school.

http://www.ncma.org.uk/childminders/become_a_childminder/childminding_ratios/ratios_in_england.aspx

Each childminder may care for:

• a maximum of six children under the age of 8;
• of these six children, a maximum of three may be young children, however where 4- and 5-year-old children only attend the childminding setting before and/or after a normal school day, they may be classed as children over the age of 5 for the purposes of the adult:child ratio;
• normally, no more than one child may be under the age of 1, however a childminder may be registered to care for two children under the age of 1 where they are able to demonstrate that they can meet and reconcile the individual needs of all the children being cared for.

It looks like registration provides a specific number that a particular childminder can mind. So one might get the OK for 6, another one much less. I guess it depends on space available.

If you want to care for more children than you are registered to care for - to care for more than one baby, for example, you will need to apply to Ofsted for what's called a "variance". You should tell Ofsted how you plan to care for the extra child, what impact taking on another child will have on the care of the others, and the practical arrangements you have in place - how many car seats or high-chairs you have, for example.

Looks like you can cram more in....

ruggedtoast

PasturesNew wrote: »

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!!"

Haha, grouch!

vivatifosi

I'm a director of a resident's management company that has been set up by the original developer but with rights to enforce covenants. Like you we have a no business covenant, and I'd suggest you do need to know what is and isn't included. In the covenants here people are allowed to run a business that involves administration at home (eg working in a home office) but little beyond that.

Although we've never used it as it would be a last resort and we always try to sort things out amicably, it would potentially be feasible for us to write to a mortgage company - as a beneficial interest holder - and say that we are objecting to your running a business from home (which you may or may not have declared to them) and that you are breaching covenants. I don't think this will happen, but its best to check out as it could happen.

Another caveat though, associations and resident management companies are run very differently from place to place. I am in regular contact with several other resident's groups nearby and we all have totally different covenants and as a result totally different issues to deal with. Where I live we have one against commercial vehicles too, which our neighbouring group doesn't, but they also have one against leaving bins out, which we don't. It's just best to see the wording first hand, imo and ask advice, not just from your solicitor but also from the relevant group if appropriate.

ETA: sorry happycamper, just saw your note above and that I may be a bit late with my message. Realistically you won't know until you find out, so there's no point in either burying your dreams or developing them further until you know where you're at.

geoffky

vivatifosi wrote: »

I'm a director of a resident's management company that has been set up by the original developer but with rights to enforce covenants. Like you we have a no business covenant, and I'd suggest you do need to know what is and isn't included. In the covenants here people are allowed to run a business that involves administration at home (eg working in a home office) but little beyond that.

Although we've never used it as it would be a last resort and we always try to sort things out amicably, it would potentially be feasible for us to write to a mortgage company - as a beneficial interest holder - and say that we are objecting to your running a business from home (which you may or may not have declared to them) and that you are breaching covenants. I don't think this will happen, but its best to check out as it could happen.

Another caveat though, associations and resident management companies are run very differently from place to place. I am in regular contact with several other resident's groups nearby and we all have totally different covenants and as a result totally different issues to deal with. Where I live we have one against commercial vehicles too, which our neighbouring group doesn't, but they also have one against leaving bins out, which we don't. It's just best to see the wording first hand, imo and ask advice, not just from your solicitor but also from the relevant group if appropriate.

ETA: sorry happycamper, just saw your note above and that I may be a bit late with my message. Realistically you won't know until you find out, so there's no point in either burying your dreams or developing them further until you know where you're at.

What would you do if they were a cash buyer.????

vivatifosi

geoffky wrote: »

What would you do if they were a cash buyer.????

My personal preference would be never to do it to anyone! It's just a possibility that could happen. We've never had to take any legal action against anyone or to inform anyone's mortgage company of anything, but that's because we try to talk to people and make sure they understand and try to get people together where issues arise. Mediation and negotiation has to be the preferred option. Unfortunately not everyone sees this the same and I've met a lot of people in a similar position to mine that enjoy throwing their weight around iykwim, not my co-directors here or on the other local boards, but we all know these people exist.

MegaMiniMouse

I don't know where an 'offended' party can find out about restrictive covenants - I doubt whether the council will be interested in getting involved, since the 'restriction' was not imposed by them

Come to think of it, what is the point of imposing a restrictive covenant, if there is no system of enforcing it...

It smells like an ancient ritual which has no effect in the 21st century

MMM