Covenant Query, Builder has since changed was George Wimpey now Taylor Wimpey

ChapterIX

Hello, we want to move properties and our solicitor has flagged the following:

Schedule of Covenants dated 3rd September 1971 more particularly (A) and (c ) no business and just to be used as a dwellinghouse.

Trouble is, we both work from home.. Me, Hybrid working (2 days a week), and the mrs does cosmetic beauty treatments. The property has been extended and has two perfect downstairs spaces (converted garage, and an office/nursery).

She's asked me to obtain concent. What are our chances? I'm feeling a bit gutted

Regards
Chris

user1977

This is the property you're buying? Why does your solicitor want you to obtain consent? Does she think the covenant is actually still enforceable by Wimpey, and that they'd actually want to?

"Working from home" in the sense of tapping away at your laptop while sitting at the kitchen table is a complete irrelevance, whether from the point of view of covenants or planning. Having clients calling round might be more likely to irk neighbours.

nicmyles

Your hybrid work (presumably office/laptop work) is unlikely to be an issue as it isn't visible to anyone on the wider estate. No-one knows, so no-one can complain.
Your wife's beauty business on the other hand would presumably involve comings and goings of customers - these covenants are usually designed to prevent that (plus business vehicles on the drive, eg. white vans).

Realistically, if the covenant is old and the estate has been completely built, no-one might care. Does it look like other residents are conducting that type of business? Or purely residential?

I think your chances of obtaining explicit consent (from who?) at this stage are low to non-existent.

ChapterIX

On this particular road, there doesnt appear to be any other businesses, I can see though spattering of grey business points nearby though in a small square area. 

The nextdoor neighbour has a white van parked outside, and the drive is large enough (detached property) to easily fit 3 cars.

I've emailed Taylor Whimpy as per my solicitors suggestion, but I feel now like I've alerted them to something they may hav never  even been bothered about. She's asked:

Therefore if it is your intention that Mrs Smith is intending trading her business at home you will need to obtain consent from Taylor Wimpey (successors from George Wimpey).

user1977

Is this just advice from your solicitor, or is she actually saying she needs you to get the consent in order to proceed? It may be clumsily worded but I think it's more likely to be the former, and it's up to you what to do. I wouldn't have rocked the boat by contacting Wimpey but too late now...but in any event I doubt they'll care.

ChapterIX

We are looking at the W Dyke Rd area

Section62

The name change isn't significant, the builder hasn't changed, all that happened is Taylor Woodrow merged with George Wimpey in 2007.  The assets (including being beneficiaries of covenants) of the two former companies (and their subsidiaries) became the property of the merged entity.

I'd be more concerned with making sure the extension and converted garage had all necessary approvals, and there was nothing in the planning approvals for the property restricting business use.

If you haven't already, you need to check the local council's approach to licensing of activities such as hairdressing and beauty treatments etc.

Breaching planning or licensing is likely to be a more immediate headache than breaching the covenant.

ChapterIX

So if I hadnt emailed them, there could have been a good chance nothing would ever happened, but now there is a risk? Feel a bit silly! Unless they say of course that it's OK (no clue if they will or wont, or even get back to me). 

The local council didnt seem that fussed, they basically said it was up to me:

There's no issues regarding that. If your wife is her own boss then she may need to register for business rates. If you are purchasing a property the property will be yours to work or live there as you please. 

I explained that she was a sole trader aleady registered with HMRC - They didnt seem to care?

Chris

Alderbank

If your wife offers certain services like cosmetic piercing, semi-permanent skin colouring or electrolysis for hair removal she will need to be registered with Redcar and Cleveland Council.

Otherwise I think your main problem will be with your mortgage provider unless you are able to pay cash.

Clownfish68

Most councils and businesses are operating hybrid working. More councils are pushing for this as a space standard with developers rather than trying to cram more houses on. In terms of operational use for your partners business this could cause issue with coming and goings/ parking etc. I’d check any former decision notices issued by the LPA to see if they’ve restricted such uses but unlikely. Potential that they have removed Permitted Development rights as part of the development of the estate and if this was the case then the extension/garage conversion will require planning permission. However if permission was required but not issued then depending how long it’s been used for it wouldn’t be enforceable.