Neighbor breaching restrictive covenant

LeedsGirl94

Hi there,
I would appreciate some brief guidance on the following: our neighbors moved in a couple of years ago now and almost immediately began using the house for a childminding business. This has caused us a lot of trouble with their customers often blocking our drive with their cars and general annoyance. I have just discovered there was a covenant in our deeds which prohibits everyone using their home as a business as it may only be used as a single dwelling.

As I have discovered this what can I do about it if I wanted to act upon this breach of covenant? NB: I have discussed the issue regarding their rude and disruptive clients many times but they've told us we have to go outside and speak to the clients themselves.

Best Wishes

kinger101

The person who wrote the covenant is the only one likely to enforce it. And they probably have no reason to. Sadly, there's little (legal) you can do to stop someone blocking your drive way either. Have you confronted the people blocking your drive directly.

moneyistooshorttomention

More ways than one to "skin a cat".

I wonder if they are complying with any regulations about that that your local Council have? Paying appropriate rate of Council Tax if it is allowed?

I wonder if they are declaring their income to HMRC for tax purposes?

Mallotum_X

Have you spoken to them about the problems caused before making things difficult.

Doozergirl

Mallotum_X wrote: »

Have you spoken to them about the problems caused before making things difficult.

What a novel idea, talking to people! High five

Twopints

LeedsGirl94 wrote: »

NB: I have discussed the issue regarding their rude and disruptive clients many times but they've told us we have to go outside and speak to the clients themselves.

Nearly as novel as actually reading the OP. :beer:

melanzana

Some people are unapproachable and don't give a fig. Just look at the response given... speak to the clients not me!

I wonder if planning permission is required for change of use to commercial/part commercial.

Doozergirl

melanzana wrote: »

Some people are unapproachable and don't give a fig. Just look at the response given... speak to the clients not me!

I wonder if planning permission is required for change of use to commercial/part commercial.

Planning permission would not normally be required if the use is incidental to that of the house being a dwelling for someone.

melanzana

Doozergirl wrote: »

Planning permission would not normally be required if the use is incidental to that of the house being a dwelling for someone.

I suppose if it is not a commercial creche or nursery as such, and these people are just childminding for the day it might be different WRT planning.

But surely there are standards and inspections by the Local Authority, you know, a certain number of adults per child, room for the babies/children, hygiene and so on.

There are ways!

kinger101

Doozergirl wrote: »

Planning permission would not normally be required if the use is incidental to that of the house being a dwelling for someone.

I think it can be if there are more than 6 children being minded. My advice would be that unless their car is being blocked in when they need to enter/exit the property, to just lighten up.

Parents dropping kids off are rarely considerate (I live near a primary school). It's a shame the childminder can't speak directly to the parents about this (stellar person to leave children with). To me it sounds like one of those things people get annoyed about that can't be avoided, but doesn't really matter.

If my vehicle was blocked in when I needed to leave for work, I'd probably ask them not to do it politely first time, then be an absolute potty mouth in front of their children when it happened again.

Doozergirl

kinger101 wrote: »

I think it can be if there are more than 6 children being minded. My advice would be that unless their car is being blocked in when they need to enter/exit the property, to just lighten up.

Parents dropping kids off are rarely considerate (I live near a primary school). It's a shame the childminder can't speak directly to the parents about this (stellar person to leave children with). But to me it sounds like one of those things people get annoyed about that can't be avoided, that doesn't really matter.

If my vehicle was blocked in when I needed to leave for work, I'd probably ask them not to do it politely first time, then be an absolute potty mouth in front of their children when it happened again.

I'm with you. Life is short, the inconvenience is temporary each morning/evening but if it was a genuine blockage when I was trying to leave the house then I'd be firm. Then more firm at the appropriate times with the appropriate people.

I wouldn't be standing the street defending my drive if it wasn't affecting anything other than my desire to protect my kingdom.