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covenant found on property after purchase
fto
Posts: 588 Forumite
Hi,
A friend of my has purchased a business property.The problem is the council now tell them the property has a convenant for the business type & if they want to change it will cost 7k.The estate agent or her solicitor never told her about this.They are only a small business & this is a lot of money to them.Who is at fault here.......The solicitor,estate agent or the purchaser.
A friend of my has purchased a business property.The problem is the council now tell them the property has a convenant for the business type & if they want to change it will cost 7k.The estate agent or her solicitor never told her about this.They are only a small business & this is a lot of money to them.Who is at fault here.......The solicitor,estate agent or the purchaser.
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Comments
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solicitor should have checkedEx forum ambassador
Long term forum member0 -
The solicitor is not interested at all.
What should the next step be, should they write a formal complaint to the solicitor?0 -
Did the buyer tell the Solicitor what they wanted to use the property for?
What type of business is it and what type of property?
The only people who could be at fault are the Solicitor or the Buyer.British Ex-pat in British Columbia!0 -
If your friend did not intimate to the solicitor that they intended using it for a business which required a different use class, it's their own fault.If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales0
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Your friend should also note that different business classes also require planning consent from the local authority for changes.
Are you sure this isn't being confused with a covenant?0 -
The solicitor & estate agent were both aware,what they required it for.They applied for planning consent & it was granted,but then the council have come up with the convenant .0
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lincroft1710 wrote: »If your friend did not intimate to the solicitor that they intended using it for a business which required a different use class, it's their own fault.
I never told my solicitor I wanted to use my house for business purposes. They still mentioned the covenant.0 -
I never told my solicitor I wanted to use my house for business purposes. They still mentioned the covenant.
Normally with business premises it will have permission for a particular business use e.g. A3, A5, B1 etc. This is usually mentioned in sales/lease/rental particulars as it is not usual to buy/lease/rent property in one use class expecting or wanting to change the use class. So an intending takeaway owner won't waste time looking at a hairdresser's premises.
Most houses have a no business covenant.If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales0 -
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