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  • FIRST POST
    • roasty79
    • By roasty79 28th Jun 17, 1:11 PM
    • 43Posts
    • 5Thanks
    roasty79
    breaking a covenant
    • #1
    • 28th Jun 17, 1:11 PM
    breaking a covenant 28th Jun 17 at 1:11 PM
    good afternoon,

    we have a Sky dish on the front of our house, this is in breach of a covenant related to the house, when we bought the house Taylor Wimpey were still developing the site, they have now finished and the site is complete.

    we are now selling and the buyers are saying they either want an indemnity policy or written consent, the Taylor Wimpey FAQ page says they wont pursue legal action against breach of covenants. i have offered to remove the dish or move it but the buyers solicitor is saying that the breach has already occured. in the slim chance that Taylor Wimpey did follow up on the dish, would they bother pursuing it on a house that used to have a dish?

    to me it seems unreasonable to want an indemnity policy on something that isnt there.

    TIA
Page 1
    • Pete7
    • By Pete7 28th Jun 17, 1:17 PM
    • 12 Posts
    • 6 Thanks
    Pete7
    • #2
    • 28th Jun 17, 1:17 PM
    • #2
    • 28th Jun 17, 1:17 PM
    The policy should be less than £100 so just pay it and keep the sale moving or risk loosing the sale.

    Pete
    • nomoneytoday
    • By nomoneytoday 28th Jun 17, 1:49 PM
    • 4,747 Posts
    • 2,875 Thanks
    nomoneytoday
    • #3
    • 28th Jun 17, 1:49 PM
    • #3
    • 28th Jun 17, 1:49 PM
    If you removed the dish prior to exchange, would it actually be an issue for them anyway?
    • davidmcn
    • By davidmcn 28th Jun 17, 2:24 PM
    • 7,668 Posts
    • 7,811 Thanks
    davidmcn
    • #4
    • 28th Jun 17, 2:24 PM
    • #4
    • 28th Jun 17, 2:24 PM
    It's totally unreasonable and I don't think they have sound legal grounds for requiring it, but rather than waste time arguing just get the policy.
    • lincroft1710
    • By lincroft1710 28th Jun 17, 3:33 PM
    • 10,672 Posts
    • 8,910 Thanks
    lincroft1710
    • #5
    • 28th Jun 17, 3:33 PM
    • #5
    • 28th Jun 17, 3:33 PM
    If the covenant says "no satellite dish" and you put up a sd you are in breach of the covenant.

    If you remove the sd, you are no longer in breach of the covenant.

    Be hopeful that your solicitor has more intelligence than your vendor's solicitor. If TW ever went to court after the sd had been removed, what could they claim for as the offending article had disappeared?
    • Davesnave
    • By Davesnave 28th Jun 17, 4:30 PM
    • 25,057 Posts
    • 92,620 Thanks
    Davesnave
    • #6
    • 28th Jun 17, 4:30 PM
    • #6
    • 28th Jun 17, 4:30 PM
    to me it seems unreasonable to want an indemnity policy on something that isnt there.

    TIA
    Originally posted by roasty79
    There's many unreasonable things purchasers and their solicitors ask for, but few are cheaper than around £100.

    Just do it.... and be happy you're not 'loosing' the sale, to quote another poster.
    'It's a terrible thing to wait until you're ready…..Generally speaking, now is as good a time as any.' Hugh Lawrie.
    • patman99
    • By patman99 28th Jun 17, 7:21 PM
    • 8,195 Posts
    • 9,653 Thanks
    patman99
    • #7
    • 28th Jun 17, 7:21 PM
    • #7
    • 28th Jun 17, 7:21 PM
    TW had the same covenant on a development in a Town near me. As TV reception was patchy and there was no cable, the residents soon found a way around the covenant by mounting sattelite dishes on scaffold poles attached to the sheds that TW had erected in each garden.

    TW tried to take action but their legal team told them they had no chance as the covenant only covered the house and not the shed.
    Never Knowingly Understood.

    Member #1 of £1,000 challenge - £1000/ £1000 (that's 100%)

    3-6 month EF £631.65/£3600 (that's 10 days worth)

    Do you/your spouse earn less than £197 p/w ?. Fill-in Form R85 and get your Bank interest Tax free.
    • roasty79
    • By roasty79 13th Jul 17, 4:36 PM
    • 43 Posts
    • 5 Thanks
    roasty79
    • #8
    • 13th Jul 17, 4:36 PM
    • #8
    • 13th Jul 17, 4:36 PM
    this is still on going and to make it more interesting our buyers solicitor has taken it upon herself to contact TW to see if we had written consent, at no point did they inform us they were going to do it and now means that it is very unlikely we will be able to get an indemnity policy
    • harrys dad
    • By harrys dad 13th Jul 17, 5:16 PM
    • 1,892 Posts
    • 2,169 Thanks
    harrys dad
    • #9
    • 13th Jul 17, 5:16 PM
    • #9
    • 13th Jul 17, 5:16 PM
    It seems to me you might need to find another buyer, that is an outrageous thing for them to do.
    • Thrugelmir
    • By Thrugelmir 13th Jul 17, 5:18 PM
    • 58,504 Posts
    • 51,870 Thanks
    Thrugelmir
    I'd take the dish down whatever.
    Financial disasters happen when the last person who can remember what went wrong last time has left the building.
    • lincroft1710
    • By lincroft1710 13th Jul 17, 6:11 PM
    • 10,672 Posts
    • 8,910 Thanks
    lincroft1710
    Your buyer appears to have instructed the least intelligent solicitor in the UK. Does she have any actual experience of property conveyancing?
    Last edited by lincroft1710; 14-07-2017 at 3:39 PM.
    • AdrianC
    • By AdrianC 13th Jul 17, 6:20 PM
    • 17,394 Posts
    • 15,757 Thanks
    AdrianC
    You've got a very simple choice.

    1. Pay a hundred quid and buy the flamin' indemnity to shut 'em up.
    2. Point them to the TW website, and risk losing the sale.

    You know the people involved...
    • Housebuyer2017
    • By Housebuyer2017 13th Jul 17, 6:35 PM
    • 7 Posts
    • 0 Thanks
    Housebuyer2017
    Unfortunately due to the solicitor contacting TW, getting an indemnity isn't an option as they won't issue one once enquiries have been made it seems a very silly mistake for the solicitor to make and should of known the consequence of suck action
    • glasgowdan
    • By glasgowdan 13th Jul 17, 8:15 PM
    • 2,884 Posts
    • 3,231 Thanks
    glasgowdan
    If you're in the right position I'd tell the buyers to say goodbye and cite them pulling that stupid move as the reason. But I accept you undoubtedly have your own wheels turning and now want/need to proceed.

    Can't believe what a drama some buyers make when it comes to buying a house. First time buyers?
    • konark
    • By konark 14th Jul 17, 1:58 AM
    • 1,004 Posts
    • 775 Thanks
    konark
    good afternoon,

    . i have offered to remove the dish or move it but the buyers solicitor is saying that the breach has already occured.

    TIA
    Originally posted by roasty79
    The breach can be simply remedied by you removing the dish, that's allj TW would tell you to do if they cared less about enforcing the covenant. Buyer's solicitor is an idiot.
    • Davesnave
    • By Davesnave 14th Jul 17, 7:47 AM
    • 25,057 Posts
    • 92,620 Thanks
    Davesnave
    Indemnity: £100. Removing the dish: probably < £50. What's not to like?

    Nothing else to be done anyway.
    'It's a terrible thing to wait until you're ready…..Generally speaking, now is as good a time as any.' Hugh Lawrie.
    • ThePants999
    • By ThePants999 14th Jul 17, 8:04 AM
    • 1,121 Posts
    • 1,377 Thanks
    ThePants999
    Good Lord. What an idiot solicitor. Make noises about an indemnity policy for something that blatantly doesn't need one, and then take a pointless action that would invalidate any indemnity policy anyway? Have your solicitor send some strong words!
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