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Amending vehicle restrictions in a lease - anyone manged it?

JoeyGoodman29
JoeyGoodman29 Posts: 6 Forumite
edited 15 February 2019 at 2:37PM in House buying, renting & selling
Hi All,

So im in the process of purchasing a new build David Wilson flat (mortgage agreed, fees paid etc) and earlier this week I received the lease agreement through in the post to sign into.

One of the restrictive covenants is around not being able to park a commercial vehicle at any point at the development, and another is only being able to use your allocated parking space for a private vehicle not exceeding 2000kg.

Now my issue is that my private car is a Ford Ranger pick up truck. I dont use it for any sort of business or commercial use (so no signs) and I might add its a mighty fine looking shiny new truck, however it is technically classed as a commercial vehicle and weighs over 2000kg.

Due to the parking space being leased rather than owned I have requested that an amendment be issued in the lease otherwise I cannot go ahead with this purchase (awaiting response although i am not optimistic). However I am buying this flat as new through the developer (the sales team have seen and been in my vehicle!) and its never been raised as an issue. This may of course be that they are not aware pick ups are classed as a commercial vehicle.

I've seen this raised on here many times on here but haven't seen anything where anyone has tried/ succeeded to have this covenant amended. so if anyone has tried either way would be usefull to know...?

Many thanks
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Comments

  • theartfullodger
    theartfullodger Posts: 15,404 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 15 February 2019 at 1:15PM
    Are you sure? Most cars are a tonne or so, even a smart car is 800kg+ , the original Fiat 500 499kg. Check that clause carefully, does it not say 2000kg?

    Sales team? They only want their commission.
  • Surrey_EA
    Surrey_EA Posts: 2,046 Forumite
    Ninth Anniversary 1,000 Posts
    Wikipedia claims that the current version of the Ford Ranger (T6) has a kerb weight of 1,866–1,968 kg

    (I'm assuming the 200kg is a typo, and a zero is missing)
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    You have three basic choices...

    1. Don't buy this flat, buy a different one that actually meets your requirements.
    2. Change your car.
    3. Fight to change both of the offending sections of the lease.

    One of those is considerably more onerous, expensive, and less likely to succeed than the other two.
  • Bean83
    Bean83 Posts: 248 Forumite
    Seventh Anniversary 100 Posts Combo Breaker
    Or option 4, buy it and ignore the covenant (not saying I recommend this course of action, but it is an option!!)
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    There's not much point having the covenant if the people with commercial vehicles have been given exemption from it, is there?
  • Next week: I'm buying a commercial property with restrictions on living there, can I have these over-ruled so I can live there?
  • Just get them confirm in writing that your car / pickup will not be a breach of the clause - which will be easier than amending the lease.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Hi All,

    So im in the process of purchasing a new build David Wilson flat (mortgage agreed, fees paid etc) and earlier this week I received the lease agreement through in the post to sign into.

    One of the restrictive covenants is around not being able to park a commercial vehicle at any point at the development, and another is only being able to use your allocated parking space for a private vehicle not exceeding 200kg. - 2,000 surely?!

    Now my issue is that my private car is a Ford Ranger pick up truck. I dont use it for any sort of business or commercial use (so no signs) and I might add its a mighty fine looking shiny new truck, however it is technically classed as a commercial vehicle and weighs over 2000kg.

    Due to the parking space being leased rather than owned I have requested that an amendment be issued in the lease otherwise I cannot go ahead with this purchase (awaiting response although i am not optimistic). However I am buying this flat as new through the developer (the sales team have seen and been in my vehicle!) and its never been raised as an issue. This may of course be that they are not aware pick ups are classed as a commercial vehicle.

    I've seen this raised on here many times on here but haven't seen anything where anyone has tried/ succeeded to have this covenant amended. so if anyone has tried either way would be usefull to know...?

    Many thanks
    These are restrictive covenenants; I'd suggest you get it amended now, before you exchange
  • Hi All,

    yes sorry typo - I mean 2000kg not 200kg. The standard Ford Ranger kurb weight it under the 2000kg but unfortunately the version I have is over.

    I think usually the restrictions have been out in place to stop people parking large caravans, work vehicles etc in the spaces and I understand that however I was told by the sales team that as mine fitted inside the lines it would be fine.

    I appreciate that it may come down to either not purchasing the flat or changing the vehicle - im not willing to ignore them as that could cause issues later on, but it was just to see if anyone had manged to get these amended. Due to its use, its basically for me a car, and my pride and joy.

    Asking for a letter confirming it wont breach the covenants is an interesting route - may try that. Can only ask I guess.

    Many thanks!
  • Surrey_EA
    Surrey_EA Posts: 2,046 Forumite
    Ninth Anniversary 1,000 Posts
    How much of the development is left to be built?

    Generally these covenants are inserted solely for the benefit of the developer. When they're constructing a large development, possibly in several phases, they don't want the large sign written vans parked all over the place, as the developers believe it detracts from the "lifestyle vision" they are trying to sell.

    Personally, in your particular situation, I'd ignore it and assume nobody is going to be at all bothered about being a few kg over the limit, and the technicality that it's classified as a commercial vehicle (which i think goes back to giving beneficial tax breaks)

    But that's just me.
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