Title Deed Covenanat breach but neighbour breaches one too

Davethedog1225

I rent out a house in a small cul de sac. My tenant recently moved in with a transit van used for his work, parked on my drive, the latter breaches a covenant in our title deeds. A neighbour has complained to me in writing to get me to shift it asap or will take it further.

The issue I have is that 6 other neighbours in the cul de sac are in breach of a covenant by sticking satellite dishes on their houses but this hasn't bothered me in the slightest.

Any thoughts on my rights if I contest? I don't want to start something and fall out with them but at the same time I think it's a bit unfair.

davidmcn

Wait to see if they do take it further? There's a difference between having a moan at you, and spending money on legal action.

caronoel

Why invite the stress of all this?

Tell the tenant to move their van

Robin9

Is your tenant aware of the covenant ?

If he is then remind him of the restriction.

Guest101

Davethedog1225 wrote: »

I rent out a house in a small cul de sac. My tenant recently moved in with a transit van used for his work, parked on my drive, the latter breaches a covenant in our title deeds. A neighbour has complained to me in writing to get me to shift it asap or will take it further.

The issue I have is that 6 other neighbours in the cul de sac are in breach of a covenant by sticking satellite dishes on their houses but this hasn't bothered me in the slightest.

Any thoughts on my rights if I contest? I don't want to start something and fall out with them but at the same time I think it's a bit unfair.

I doubt the covenant actually precludes the tenant parking there.


On top of this a covenant can only be enforced by the 'victim' of the breach. In this case it is likely the covenant was put in place by the developer. Your neighbour cannot enforce this.


And finally, you cannot tell the tenant how to use the property (especially if this isn't in the tenancy agreement, but even if it was you may struggle to do so)

G_M

Refer the tenant to the clause in your tenancy agreement with him that reflects the covenant. Ooops! Did you forget to include it? Then you'll have difficulty enforcing it.

Two wrongs don't make a right, so other neighbours' breaches don't make your breach 'OK'.

And anyway, if the satellite dishes don't worry you, why would you waste your time enforcing those covenants.

If the neighbour who'd complained was one of those with a dish, you might have used it as a bargaining chip though.

gregsayer

how do you know the neighbours sky dishs break the covenants,


if the property is new enough for the deeds to recognise the existence of dishes, there's probably a clause saying they have to seek "approval" not permission from the developer for the dish, and pay a couple of hundred quid for the privarlidge.

teddysmum

Does the covenant state that there is to be no commercial vehicle parking or no commercial vehicle used to run a business from the premises ?


If the latter, then the tenant could be in the right if the vehicle is owned by his employer, who runs the business from other premises (ie the van is just a perk giving free transport home).

AnnieO1234

I wouldn't even give it the time of day to be honest. Leave it and see what happens, they're probably just disgruntled at having a rental property and worry about the nature of the tenants that are there, have been there or could be there in the future.

Wait and see. xxx

bearcat16

There's a similar covenant on our estate, it's becoming a standard thing for modern housing estates.

Basically no commercial vehicles, caravans or motorhomes of any kind parked anywhere on the estate. No wording about permission, and when I asked our solicitor to enquire about this to see if there would be any leeway, the answer was No, never, under any circumstances.

Now this is widely ignored, and I can see 4 vans on driveways just from our window. But if someone complained, our solicitor said there would be no option but to comply.

It might be different for your estate, but I would expect it's the same, in which case you have to get them to comply.

G_M

As the covenant has not been quoted (nor advice on the covenant sought) it's pointless guessing.

We must take on trust what we've been told:

a transit van .... parked on my drive,.... breaches a covenant in our title deeds.