restrictive covenant against business use.

huggettm

Hi Sue,

Yes you are probably right.

FYI business deliveries have ceased until this is resolved, however as I am an avid online shopped the number of deliveries will remain largely unchanged - that's the frustrating part of it!

buglawton

How do you know that the neighbour has lied?
Keep an exact tally of the deliveries and demand to compare notes with the Council. It could be a case of libel.

Check the covenant in more detail, these usually allow office style one-person business activity, or it would even block a travelling salesman or someone working for another employer but at home.

PasturesNew

It's pretty cut and dried once somebody's onto you - and as you rent and aren't an owner you can't even try to stand your ground and out-shout them.

You are breaching the covenant; somebody has noticed and reported it; your LL is aware and not pleased.

What if, say, your LL now decides to boot you out?

You need to look at the bigger picture. What is it about your current business/model that prevents you running it from a storage unit, serviced office, parcel receiving depot, similar?

Maybe changing how you operate now will give you a new perspective on your business and generate more growth ..... against having your back against the wall when the LL sends you an S21.

Get in control, don't be a victim.

huggettm

I have kept a tally for the last 6 months and supplied it to the council,

I know our neighbour has lied as they have said we receive deliveries directly into the garage of the property - which has never happened, our delivery drivers and Royal Mail postman are more than happy to provide statements to this effect.

I believe they are using the garage excuse as it has the specific text reguarding vehicles only.

JimmyTheWig

What does any of this have to do with the council?

huggettm

They complained to the council and Countrywide... but not me!

JimmyTheWig

And presumably the council aren't doing anything about it?

huggettm

The council confirmed there was no issue a year ago, but since being informed the garage was a depot they issued a breach of planning permission notice, which has now been resolved.

buglawton

Sounds like you ought to get back to business as usual and wait for the 'other side' try to evict you. It wont happen.

huggettm

I am going to take legal advice on it once I get a reply from Countrywide as to the exact details of the breach - as simply quoting the covenant is ambiguous IMO.

I can't simply start up again as after receiving the letter the landlord has informally said that he will ask us to leave if we don't stop- he is not bothered by the business use but does obviously not want the hassle of court action against himself - which is fair enough.