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Title Deed Covenanat breach but neighbour breaches one too

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Comments

  • rtho782
    rtho782 Posts: 1,189 Forumite
    Part of the Furniture 1,000 Posts
    edited 17 December 2015 at 11:01AM
    Let's say he goes to court.

    What are his consequential losses for this? Surely he could only claim for damages, which are zero.

    These covenants should be illegal.

    What happens if I, not a resident, decide to park my van on the street outside the complainants house, assuming there are no double yellow lines?

    I almost want to buy 3-4 old rusty vans and do it.

    I used to have a work van (small transit connect) and live in rental property, with no clause in the tenancy about it.

    Had my LL told me I couldn't park it nearby after receiving such a letter from a neighbour, I'd have refused to move it (as not mentioned in tenancy) and if they tried to evict me because of it would have taken the LL to court for losses.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    rtho782 wrote: »
    Let's say he goes to court.

    What are his consequential losses for this? Surely he could only claim for damages, which are zero. - An injunction that the van must not be parked there anymore. Contempt of court = prison.

    These covenants should be illegal. - Why?

    What happens if I, not a resident, decide to park my van on the street outside the complainants house, assuming there are no double yellow lines? - Well eventually they might be removed as abandoned vehicles?

    I almost want to buy 3-4 old rusty vans and do it.

    I used to have a work van (small transit connect) and live in rental property, with no clause in the tenancy about it. - Great, then it wouldn't affect you. until the landlord evicted you via section 21.

    Had my LL told me I couldn't park it nearby after receiving such a letter from a neighbour, I'd have refused to move it (as not mentioned in tenancy) and if they tried to evict me because of it would have taken the LL to court for losses.



    Oh bless you. S.21 eviction is no fault. You'd lose in court and the LL would claim costs against you.


    Can I suggest some research on eviction?
  • rtho782
    rtho782 Posts: 1,189 Forumite
    Part of the Furniture 1,000 Posts
    Guest101 wrote: »
    Oh bless you. S.21 eviction is no fault. You'd lose in court and the LL would claim costs against you.


    Can I suggest some research on eviction?

    But I can't be evicted under S.21 during the fixed period of the tenancy :)

    Back to this specific case - who gets served with an Injuction? The LL? He hasn't parked a van there. The Tenant? He hasn't agreed to a covenant.
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