Restrictive Covenants on Freehold property - can't rent it out?

trojan10_om

So I'm buying a Freehold property with restrictive Covenants and 'positive' ones such as service charge to maintain a green area. It's on a 1990s estate, not what I'd consider 'new' but apparently restrictions are pretty common in newer builds.   Places for People (PFP) Homes are the developers and they still own the estate. 
The deeds say the house must be used as a single ‘single private dwelling’ house only and no business/trade can be carried out from the property. After a lot of reading online I took that to mean that I could still rent out my property (as a whole single unit) or have a lodger if I wanted. AirBnB etc would be no because it would be consider a business. 
However:
Having received the management pack. My conveyancer has commented:
"The management pack states that you are not allowed to sublet which means that you cannot rent out the property as a whole." This would be a huge deal to me. Is there any chance she is wrong and I should get a second opinion or ask her to clarify anything? Is there any follow up questions I can ask to see if this can be overcome somehow?  I did not think by renting out the property I would be subletting as I am the freeholder?  Though in the management pack PFP are refer to themselves as 'landlords' so maybe that's why it's considered subletting? 
I've haven't come across situation in anything I've read online, so reading material would be much appreciated. My conveyancer will give minimal answer which does not help me to understand the bigger picture. 

davidmcn

You're not "subletting" if you aren't yourself a tenant. And in any event they can't just make up new rules in the "management pack", it would have to be in the titles to begin with. So I think it's a red herring.

trojan10_om

Ok thank you for your response.

I’m not sure if this question is relevant, but what would subletting mean in the context of owning a house then?

Even though PFP are landlords of the estate it wouldn’t be considered subletting if I rented the property would it? I’d be the owner and responsible for the service charge wouldn’t I.

DayDreamerandGeneralWaster

Subletting would be if you were the tenant and you rented a room to someone else. 

greatcrested

Freeholder lets property to tenant and then tenant sublets property to subtenant.

Why not read the management pack yourself and quote the relevant part here if you are questioning the solicitor?

But my guess is that the managemet company manages blocks of flats as well as the evironment which includes freehold houses, and that's what this relates to - but without seeing the wording all we can do is guess!

trojan10_om

greatcrested said:

Freeholder lets property to tenant and then tenant sublets property to subtenant.

Why not read the management pack yourself and quote the relevant part here if you are questioning the solicitor?

But my guess is that the managemet company manages blocks of flats as well as the evironment which includes freehold houses, and that's what this relates to - but without seeing the wording all we can do is guess!

greatcrested said:

Freeholder lets property to tenant and then tenant sublets property to subtenant.

Why not read the management pack yourself and quote the relevant part here if you are questioning the solicitor?

But my guess is that the managemet company manages blocks of flats as well as the evironment which includes freehold houses, and that's what this relates to - but without seeing the wording all we can do is guess!

It says under the title ‘Subletting’
’There is no subletting permitted on this development under the terms of the lease’ 

greatcrested

Really inadequate.

What says this?

And what lease?

Really need far more information.

trojan10_om

It’s on the management pack on behalf of the Estate owners (PfP. 

I don’t know what lease they are referring to. I will clarify with conveyancer.

edit: 
I assume the ‘lease’ to mean the restrictive conveants on the deeds. 

Grumpy_chap

It sounds like the management pack refers to both leasehold and freehold properties but is not differentiating between the two.

greatcrested

Grumpy_chap said:

It sounds like the management pack refers to both leasehold and freehold properties but is not differentiating between the two.

Yes sounds like

a) a generic management pack and

b) a lazy coveyyacer who has not put 2 & 2 together to identify what applies to you and what does not.

trojan10_om

greatcrested said:

Grumpy_chap said:

It sounds like the management pack refers to both leasehold and freehold properties but is not differentiating between the two.

Yes sounds like

a) a generic management pack and

b) a lazy coveyyacer who has not put 2 & 2 together to identify what applies to you and what does not.

I think your suspicions are going to be correct. I looks like a generic pack, and I’ve instructed the conveyancer to obtain the correct one.

Ive also just been told the property used to be shared ownership, which is why there was a lease and restrictions about subletting. 

Now the property is freehold I gather (hoping) that it will turn out this stress about subletting is all for nothing