restrictive covenant against business use.

huggettm

jackyann wrote: »

You said that you were previously unaware of the restrictive covenant - have you now read it?
I have lived in places with such covenants and a lot depended on the exact wording. One of our neighbours, a GP, had taken legal advice before moving in (she worked elsewhere, but did "on calls" from home)
I wondered if it was worthwhile getting legal opinion, but unfortunately once a complaint is in, you are on the back foot. As you have realised, it is nothing to do with planning permission.
Unless the wording is ambiguous, unpalatable as it is, I think your energies are best directed towards finding somewhere else to run your business from (whether specific premises or another home without such a covenant).

Thank you, I have requested the wording and exact breach from countrywide - but it's unlikely they will be in the office at the moment with holidays. Certainly worth trying to see exactly what is going on.

huggettm

claret_mike wrote: »

So take the wind out of her sails and run your business elsewhere. Whether or not it is having to impact they say it is. It stops arguments, it stops the need for further action and hassle..

I have seen these "everyone is with me" type situations. Believe it or not people do not always tell the truth when face to face.

How can you know for certain that as soon as you are out of earshot they are not saying something different? Maybe they are offering the same sympathies to the other person?

Reality is that most people don't want to end up in a he said, she said dispute so will just sympathise and then go about their business.

.

Whilst I appreciate the effort at advice - that is not the question I am asking.

lincroft1710

huggettm wrote: »

As you seem to be on your moral high horse without an understanding of the situation it's neighbour not neighbours...

The neighbours as a whole are happy with someone being home all day to receive parcels for them. A number of them have knocked on the door to offer their support to us and disgust at these actions.

We have done nothing to upset her, she has a history of causing issue for other residents and enjoys leaving notes on cars etc. not that that is relevant here.

It is unclear to which post you are responding, possibly one deleted by MSE team.

huggettm

yup, seems to have been deleted so that now I make no sense lol

gb12345

huggettm wrote: »

Thank you, I have requested the wording and exact breach from countrywide - but it's unlikely they will be in the office at the moment with holidays. Certainly worth trying to see exactly what is going on.

I'd be surprised if they give it to you as you've no right to ask them for it as it is the property owner who is responsible.

You can ask him to supply it and then he can ask Countrywide (if he hasn't got it already).

huggettm

The exact wording is this:

"Not to use the said dwelling for any purpose other than as a private dwelling and not to use the said garage for any purpose other than as a private garage for private motor vehicles only nor to carry on any trade business or manufacture whatsoever on the land hereby transferred or any part thereof."


This seems somewhat stupid for a start as you cannot even fit a car in any of the garages and then be able to get out of the car. If this was enforced then they would have grounds to take everyone on the estate to court?

In regards the "trade business" - no customers or suppliers have ever nor will they ever visit the property, nor is the business registered at this address, nor stock stored at this location.

Having now seen the letter from countrywide, is is the 'committee' of the estate (who are a registered, limited company) threatening court action, not countrywide it seems.


If anyone with any legal experience can advise?

GwylimT

Not legal advice, but if you aren't storing stock at your house why is it being delivered to your house?

You are running a business at your home, whether it is registered there or not, as your business is registered to a different address, why are you unable to use that address for all of your business needs?

huggettm

It is being delivered to be repackaged.

I supposed technically I could argue it is not 'run' from there, just used for a purpose. The use of any other addresses is not relevant, if I could do that I would not be requesting advice

gb12345

huggettm wrote: »

just used for a purpose.

Which breaches the terms of the covenant. It is quite clear that you are using the property for a purpose other than a private dwelling.

Had you been a web designer or similar then (assuming you didn't have clients visiting all the time) you would probably have got a way with it as no one would have known any different.

Your problem is that the deliveries have drawn the attention of the neighbouhood curtain twitcher who has complained about you breaching the terms of the covenant.

Unfortunately, it is not you that the committe will come after, but your landlord and the likely result is that he will tell you to either stop using the property for business purposes (what does your tenancy agreement say about use of the property?) or not extend your tenancy at the next renewal.

Savvy_Sue

huggettm wrote: »

If anyone with any legal experience can advise?

If you want legal advice you can rely on, I'm afraid that a) you can't get it from an anonymous internet forum and b) you'll have to pay for it.

Legal advice you can rely on is the kind where you can sue the pants off the person giving it if it turns out to be wrong. And if I were at risk of eviction (which I believe you are), I'd happily pay for it.

The alternative to that is to cease having deliveries related to your business delivered to your home address, which you seem unwilling to consider.