How are restrictive covenants enforced and by whom?

Joemdt

I live on a housing development which is about 4 years old. There are restrictive covenants in place preventing the parking of both branded work vans, and caravans on drives.

I caravan and pay £45 a month to store in order to comply with the covenant. I have no problem with this and I knew the existence when I bought it.

There are however, lots of people who park their work vans on the development. Which does annoy me as why should they just be asked to flout the rules? Especially when I am going to such expense to do the right thing.

Who is responsible for enforcing covenants? I have read elsewhere that they are pointless, but other people say the management company should be enforcing it. Am I wasting my time thinking they will be enforced?

Should I go with the old adage of 'if you can beat them, join them' and start to store my caravan on my drive?

All thoughts and help appreciated?

Alan2020

You can sue them and force them to remove anything that breaches a covenant that is beneficial to you, you should obviously get legal advice. If there is a 100% chance of them loosing you can possible ask them to capitulate before you take them on to court. Perhaps pay you something, not sure if people can do this ha ha, but in theory may be possible
I am not a lawyer, but just my thoughts, you better check with a lawyer

Joemdt

Thank you. It's quite a big development though, and there are at least 5 vans I pass en route to my house. It wouldn't be practical for me to try to enforce it, I wondered if the house builder of the management company would likely do anything.

If they aren't, then I am very tempted to do as they do, and just store my caravan on the drive and save all that money.

kinger101

It won't be enforced. It was only put in place so would-be Hyacinth Bucket/Emily Thornberry types didn't think they'd end up living with.....urgh......the skilled working class (C2s in new money).

Just stick your caravan on your drive.

kinger101

Alan2020 wrote: »

I am not a lawyer, but just my thoughts, you better check with a lawyer

I'm not a lawyer, but you can't enforce a covenant you're not a party to.

elsien

Freehold or leasehold?
If it's leasehold, then you can't enforce the covenant, it would have to be the management company. You would report it to them then they decide how far down the enforcement route they want to go.

And sometimes they are enforced. Probably depends on whether they're still selling properties and wanting the place to look good to new buyers.

https://www.google.co.uk/amp/s/amp.theguardian.com/money/2016/jul/09/restrictive-covenants-homebuyers-out-of-pocket

NeilCr

We (the residents) own the freehold of our estate and have a management company of which I am one of the directors.We have been asked, in the past, by some residents to enforce covenants. We would ask the managing agent, who we employ, to write to those who are breaking the covenants (or to the landlord if it is a tenanted property

Personally, I am a live and let live person and unless it was blatant it wouldn't bother me. But some feel strongly about them and they can be one of the reasons that people buy on estates. I don't really agree with the Hyacinth Bucket sort of remarks. Those who are breaching them "signed up to them" when they purchased the property so why shouldn't they stick to their word.

Brown_Bear

NeilCr wrote: »

We (the residents) own the freehold of our estate and have a management company of which I am one of the directors.

Those who are breaching them "signed up to them" when they purchased the property so why shouldn't they stick to their word.

My understanding is that a covenant (like a contract) must be deemed reasonable by the court, in order to be enforced. ie even if someone agrees to a covenant in writing - they can't be held to their word unless it was a reasonable request.

You can stipulate whatever you want in a covenant. For example, I could write a covenant requesting that only blue Ford Escorts were allowed on the street. But even if someone signed and agreed - it's very unlikely a court would enforce it - because it's not reasonable. It's not like signing a cheque.

The works van rule will be relying on an argument along the lines of large vehicles can cause obstruction etc, etc - if the covenant was to be challenged. I doubt anything written on the vans would be deemed relevant.

GaleSF63

Brown_Bear wrote: »

For example, I could write a covenant requesting that only blue Ford Escorts were allowed on the street.

I once saw a notice in the window of a terrace house where the parking was a bit tight which said "Please do not park your car here especially if it is blue or grey".

HampshireH

Well aiming to enforce it is certainly 1 way to become the most unpopular neighbour on your estate.

Nowadays work vehicles are so common the covenant in my opinion is extremely petty and an archaic approach (even though its in most new build sites)

Enforcement could put peoples livelihood at risk. It also discriminates. Basically you can have the biggest commercial vehicle going but not if its branded? Probably dodgy case to enforce, you couldnt argue it was about space or obstruction etc.

For me I wouldnt worry about a work vehicle parked on my estate being moved daily. I'd be a bit annoyed if someone left a static caravan for weeks or months on end.

However if it was only on a driveway with adequate space /security & maintained then it would be none of my business.

Basically they dont want vehicles static or otherwise parked on roads (they are a security risk as are appealling to opportunists and often end up looking dumped). If you have a comnercial vehicle or caravan your more likely to have another vehicle you also need to park. Therefore requiring additional spare.

I have a van I park on the road & 2 cars on my drive. It's a nuisance but I'm contractually obliged to take the van as part of my job. I wouldnt have my job if I couldnt use/park my van safely. Thankfully no covenant

YBR

I can understand why large vehicles might be a problem.
We had a neighbour (tenant) for a while who had a grotty white van constantly parked such that both we and his other neighbour had no other view but his van. It also made it awkward getting our cars off our drives.
It's a small thing but unpleasant. Nothing to do with branding. And wouldn't have been a problem if parked on his property not the road.

Be the better person and comply with the covenant until you know that it won't be enforced and is effectively defunct.