Getting covenant clause removed - timescale?

FinallyLearnt

I've now been waiting 8 weeks for a reply from the Homes and Communities Agency about removing one clause in a restrictive covenant (which, if it can't be removed, probably means about 12 houses on the same estate are breaking the covenant). Solicitor says she's been chasing them, but when I rang today it seems she hasn't chased them for 2 weeks.

Is 8 weeks excessive for them to give me what should be a fairly simple yes or no answer? I know it's a government agency but 8 weeks seems a long time especially as we're now having to pay council tax on the house and the equity release on it is increasing daily - we were expecting to have completed well before now.

Thanks for any thoughts.

Guest101

It doesn't matter if other people are breaking the covenant. It makes absolutely no difference.


Most covenants are in place for developers to sell their properties, they're almost never enforced once theyre all sold.

martinsurrey

FinallyLearnt wrote: »

Is 8 weeks excessive for them to give me what should be a fairly simple yes or no answer?

with the HCA NOTHING is simple, even things that they do all the time, let alone something like this...

everything has to go through so many layers of approvals and checks that in 8 weeks I wouldn't even imagine that this is on the right persons desk yet.

FinallyLearnt

Oh god This is driving me mad, it is literally making me ill with the stress now. (sorry, that was a reply to Martinsurrey, not just a general statement)

FinallyLearnt

Guest101 wrote: »

It doesn't matter if other people are breaking the covenant. It makes absolutely no difference.


Most covenants are in place for developers to sell their properties, they're almost never enforced once theyre all sold.

Unfortunately our buyer - first decent offer with the property being on the market for months and at a fair price - won't proceed without this being removed. If I'd known it would take this long we'd have said we'll put the house back on the market!

eddddy

I've never dealt with the HCA, but I would certainly try chasing them myself - explaining that your solicitor is waiting for a reply from them.

Your solicitor won't have the time or inclination to phone them, track down the right person, 'progress' them etc, but perhaps you do.

FinallyLearnt

eddddy wrote: »

I've never dealt with the HCA, but I would certainly try chasing them myself - explaining that your solicitor is waiting for a reply from them.

Your solicitor won't have the time or inclination to phone them, track down the right person, 'progress' them etc, but perhaps you do.

Thanks, I need to find out which office the info has been sent to and I'll start chasing them up.