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Council imposed restrictive covenants from 1983

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Comments

  • user1977
    user1977 Posts: 19,528 Forumite
    Eighth Anniversary 10,000 Posts Photogenic Name Dropper
    edited 18 July 2021 at 4:18PM
    Surely your conveyancer at the time would have had to inform you? Have you still got your paperwork from when you purchased the property? 
    They probably did, but it's a very common condition and not the sort of thing which normally causes a problem. I get the impression the nature of the neighbourhood has changed since they bought. 
  • letsbetfair
    letsbetfair Posts: 961 Forumite
    Part of the Furniture 500 Posts Name Dropper
    Can you really not sell, or just not sell at as high a price? In university cities I know, places in some areas will sell for a higher price as HMOs (due to high return), but they will sell to owner occupiers for a lower price.

    You can appeal to the council to allow this to be rented as an HMO (the result may depend on their policy for the area) or just sell at a lower price - either to an investor who'll take a chance on fighting the council, or an owner occupier.
  • anselld
    anselld Posts: 8,739 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 18 July 2021 at 4:41PM
    Are you sure the potential buyer has actually approached the correct part of the Council and been declined?   It is difficult in dealing with Councils just to find the correct person with the authority to release such a covenant.   Even if they did find the correct person there is always some sort of appeal process. 
    I would be inclined to begin again yourself and/or your solicitor to request the covenant to be released and see how far you can get.  The local press may even be interested if you really are a lone resident in student-land being denied a sale by council bureaucrats.
  • user1977
    user1977 Posts: 19,528 Forumite
    Eighth Anniversary 10,000 Posts Photogenic Name Dropper
    Can you really not sell, or just not sell at as high a price? In university cities I know, places in some areas will sell for a higher price as HMOs (due to high return), but they will sell to owner occupiers for a lower price.

    You can appeal to the council to allow this to be rented as an HMO (the result may depend on their policy for the area) or just sell at a lower price - either to an investor who'll take a chance on fighting the council, or an owner occupier.
    It doesn't prohibit it from being let, just not as an HMO. 
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