Restrictive covenants

Hoploz

The likelihood is, if you aren't disturbing anybody, nobody will bat an eyelid.

If you do disturb somebody, they may complain about it. So you'll know someone is upset and can take appropriate action - cease trading, sell, whatever.

However, it's more likely that someone will complain to the council that you're running a business from home, than that they will realise there is a covenant against it. Because they will expect the council to be interested (they might) but to actually go to the trouble of enforcing a covenant is pretty unlikely I reckon. You'd have to really upset somebody for them to go to that effort - appointing a solicitor etc.... it's not going to happen. And if it did, you'd know about it beforehand as they would have already made a deal of it in other ways.

moneyistooshorttomention

Hoploz wrote: »

The likelihood is, if you aren't disturbing anybody, nobody will bat an eyelid.

If you do disturb somebody, they may complain about it. So you'll know someone is upset and can take appropriate action - cease trading, sell, whatever.

However, it's more likely that someone will complain to the council that you're running a business from home, than that they will realise there is a covenant against it. Because they will expect the council to be interested (they might) but to actually go to the trouble of enforcing a covenant is pretty unlikely I reckon. You'd have to really upset somebody for them to go to that effort - appointing a solicitor etc.... it's not going to happen. And if it did, you'd know about it beforehand as they would have already made a deal of it in other ways.

We've had a thread or two here recently - of someone running a business from home (ie child-minding). Now that business wasn't a problem per se - but the customers were (ie because they were parking in various places they shouldnt).

So the clue to whether this would work probably boils down to the likelihood of your customers parking where they shouldnt. If there are suitable places for them to park = not a problem. If there aren't and they are parking in various unsuitable places and things are happening like the neighbours getting blocked into their drives and/or having nowhere for their friends/relatives to park when they visit = then you might well have a problem. Bear in mind that many people have a tendency to get lazy and expect to park literally "on the doorstep" and refuse to walk even 5 minutes walk from a more suitable place to park. That tendency is going to multiply by the sheer nature of your business - ie people needing physio are probably not going to be of a mind to even walk up the road if they can possibly help it (ie because of genuinely feeling too ill to do so).

Re whether people would find out about the covenants - that's easy. It only takes a few £s lobbed in the direction of the Land Registry. On the "deeds" that the Land Registry holds/will supply on request to others any covenants there are on the house will be listed.

kinger101

^^I think the comments on parking are the nub of it. If you clients can park on your property, very unlikely to be a problem. If they can't, it becomes a lot more unpredictable as to how neighbours might respond, even if clients are parked legally. Some people assume the space outside their house is their spot.

If you only have one parking space, I'd be tempted to park my own car somewhere I know it's not going to rock the boat just before any clients visit.

Hoploz

Definitely agree parking is going to be the key here. If customers are coming and going all day long parking higgledy piggledy it'll upset the neighbours. But if it's one or two customers a day or less, and you have a driveway big enough to accommodate whoever may come, nobody will mind.

Still think someone's going to have to be seriously annoyed to warrant legal expenses to enforce a covenant

PasturesNew

My new build house has this in its deeds AND in the planning permission granted, so the Council would have the ability to enforce it.

I'd not mind if my neighbour was a physio, receiving a few quiet clients/day, so long as they never parked where they shouldn't (no driveways, no visitor parking) ... but if it were somebody doing something annoying (e.g. childminding) I'd get it stopped.

When you move in somewhere with rules, you expect to keep to them and not be bothered by other residents... I don't "care" what they do in their house, until it becomes a problem for my quiet enjoyment and free movement around my house/garden/parking etc.