Breach of Covenant Question

Keep_pedalling

Jdowson wrote: »

My solicitor called me today and his words were the land is yours and the house is paid for so he doesn't know what they can really do to us. He also advised me that Gascoine are involved in lots of different companies from cattle to building. He said that there are a lot of people who have received the letters so they have spent some time and money. I don't think anyone is sure what to do but if we all pay up they will have made an awful lot of money! What do you get for your money and my solicitor,said he would be interested to know.
I definitely think watchdog would be interested.

All they could really do is take you to the small claims court, but that would be easily defended as they have no evidence of any breaches. Keep any correspondence they send you but pay nothing.

Jdowson

I have just contacted my local MP and so I will update you on the response.

Guest101

Literally that letter is at best a training pad for a puppy.


Would suggest anyone receiving it ignores it.

mollyd126

Has anyone got any updates on this? We have had the same letter in our area.

YentonMinsterHomes

Re: Restrictive covenants

You are the owner of the above property and your property is subject to restrictive covenants detailed by a transfer dated made between Yenton Minster Homes Limited and (enclosed).

Yenton developed the properties and sold the houses which were constructed. Each sale of each house was on very similar terms. The form of transfer which was used when Yenton sold the houses to individual purchasers (who are referred to in each transfer as the "Transferee") included a provision at schedule 3.

The covenants entered into by the buyers (transferees) of each house or subsequent purchaser of each house are enforceable by, Yenton or Gascoines as successors in title to the freehold estate of the remaining parts of the land. The ability of, Yenton or Gascoines enforce the covenants means they can (should they so wish) grant retrospective consent on such terms as they decide.

Restrictive covenants apply to changes to your property such as, sheds or outbuildings, conservatories, structural alterations, changing of windows or doors or any additions, alterations to fencing, addition of patio or pathways, driveway alterations, alterations to the facades, or external building additions such as aerials, sky dishes as well as registering a business at the address or parking business vehicles, vans or caravans on driveways. Each of these are considered breaches.

We should point out that the onus is on the house owner to seek authorisation from ourselves prior to any alterations to the property as required by Schedule 3 of the original transfer of the property. In many cases this has been overlooked or, new home owners have taken on previous owner’s responsibilities. it is up to you as the owner of the property and not for us to point out what changes may have taken place after the event.

At the time of your purchase we assume that your solicitor would have drawn your attention to the Schedule 3 covenants and made the appropriate enquiries of your seller and identified whether any alterations had been carried out and their impact on you particularly when you come to sell the property. We should point out that restrictive covenants do not expire or lapse and must be adhered to.

We are currently updating our records in line with planning departments and our agents are reporting back with any changes found on all properties that have covenants. Retrospective charges will apply and you may be requested to produce plans or professional drawings for any unauthorised alterations to the property which can be expensive. An administrative charge is applied to each individual breach to your property if identified by our staff.

To address breaches, please within 14 days of this letter, obtain a waiver of the covenants by visiting: www.yenton.co.uk/covenants
(payments are processed through Paypal, please select ‘pay as guest’ if you do not have a Paypal account)

Alternatively, cheques are made out to the Gascoine Group Ltd and are posted to the address stated below.

For a limited time only, we offer a complete surrender ofrestrictive covenants in their entirety, this is chargeable at £ 399.00 and can be selected on our website.

Should you choose not exercise this option, schedule 3 breaches are chargeable and require our prior / retrospective consent. Individual covenant charges are dealt with on a case by case basis and charges are calculated in accordance with the actual breaches. Restrictive covenants remain on your deeds indefinitely and effect the sale of your property.

Should you require any further information, please call us on our dedicated line for covenants queries 0800 689 0096 or, alternatively, email us: [EMAIL="covenants@yenton.co.uk"]covenants@yenton.co.uk[/EMAIL].


Yours sincerely



Chris Gascoine

davidmcn

I note all they're doing is copying and pasting their letter (complete with typos) rather than engaging in any of the queries already on this thread.

jimbog

Is there anybody at your offices who can proof read letters before they are issued?

There is simply no excuse for such poor use of English.

m0bov

Its just phishing.

YentonMinsterHomes

This is not phishing. We deal with 100's of letters a week from Solicitors/owners when houses are sold or mortgaged. Poor English probably but legally correct. We have advised people to gain legal advice and preferably from a lawyer not from when they bought the property if they were not told at the time about the covenants.
Please be aware this will affect any house sale as the owner will have disclose that we have informed that there is a breach of covenant.

YentonMinsterHomes

I can also inform that our deed of release has been accepted by the Land Registry so the covenants will be removed officially from the register of title once payment has been released.