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    • jobianne77
    • By jobianne77 13th Jun 19, 10:20 AM
    • 12Posts
    • 1Thanks
    jobianne77
    Restrictive covenant advice as tenants
    • #1
    • 13th Jun 19, 10:20 AM
    Restrictive covenant advice as tenants 13th Jun 19 at 10:20 AM
    Hi everyone looking for advice on our situation. We have lived in our rented property for 8 years now with a view to buy once the owners decided to sell. The owners have just dropped a bombshell that they will sell the house to us but garage will be demolished to make way for a large plot to build a new home.
    Space isn't a issue here as the property is huge and I understand why they are doing it as will make alot of money for very little work. However I had an idea there may be a restrictive covenant in place as it's an exclusive area, very quiet cul de sac with only 10 houses on. Nobody has ever built on their land or extended their properties since being built and they all come with vast land. So I checked the deeds and it states nothing can be erected other than the 10 private dwellings. Could this project still go ahead?
    any advice will be appreciated
    Last edited by jobianne77; 13-06-2019 at 5:02 PM.
Page 2
    • jobianne77
    • By jobianne77 13th Jun 19, 1:59 PM
    • 12 Posts
    • 1 Thanks
    jobianne77
    Thanks GM really appreciate your comment.
    • jobianne77
    • By jobianne77 13th Jun 19, 2:04 PM
    • 12 Posts
    • 1 Thanks
    jobianne77
    it was a large plot and then 10 houses built on it at once. A gentleman owned the plot (vendor) and the purchaser was a development company....states this on the deeds. He could still be around as I've searched his name and he would be in his 80s now. Just thought that the neighbours would have a say in all of this.
    • Gilead
    • By Gilead 13th Jun 19, 2:18 PM
    • 78 Posts
    • 153 Thanks
    Gilead
    If the neighbours are interested then they will have their say. However, it would be very unwise for someone desperate to buy the house to try and encourage their neighbours to take action - I hope you don't do that, because inevitably it will get back to your landlord. If it scuppers their plans then they will unlikely to be eager to sell you the property.

    Let it run its course.
    • jobianne77
    • By jobianne77 13th Jun 19, 2:30 PM
    • 12 Posts
    • 1 Thanks
    jobianne77
    Oh God no I wouldn't jeopardise our plans to buy the original house, I will just have to accept that we won't have the garage and larger garden, it will be a house instead, I still love the property.

    It's in the neighbours hands as they will be informed of the planning, though the planning process.
    Last edited by jobianne77; 13-06-2019 at 5:52 PM.
    • ProDave
    • By ProDave 13th Jun 19, 4:02 PM
    • 1,319 Posts
    • 1,571 Thanks
    ProDave
    What is the OP trying to achieve here?

    It seems he wants to buy the house from the landlord but wants all of it and all of the garden.

    The landlord sees for selling part of it as a plot.

    Reading between the lines, the tenant has found this covenant and is now trying to use it to stop the plot being built on?

    That won't stop PP being issued. That is not a planning matter. It might stop the build if the beneficiary of the covenant tries to enforce it.

    Then what?

    Do you expect the LL to sell you the whole lot?

    Or do you think by then the LL might not particularly like you any more as you have denied him is so me might not want to sell any of it to you, he might want to sell it to someone else.

    A definite case of "be careful what you wish for"
    • jobianne77
    • By jobianne77 13th Jun 19, 4:31 PM
    • 12 Posts
    • 1 Thanks
    jobianne77
    Pro dave please don't think I'm trying to achieve anything as i am not malicious, its not in my nature.

    We moved into this house with a view to buy, there was no mention of demolishing part of the house and garage and build another house next to us, this is really upsetting because yes we want to buy the house as it is and what it always has been.

    I have purposely looked for the covenant in the HOPE the LL won't go ahead, there is no way i have found it to STOP the process, i risk losing the hope of buying the original house.

    The LL has said if planning doesn't go ahead she will sell the house as it is as they have no interest in it, which was always the plan, so what is your point??

    she will allow us to buy the house which ever way it goes she has already said this.

    I will not get involved as its not my right and i can see why the LL would be doing this, its easy money for little work.

    Please don't judge me for asking for advice, this was all in the hope it doesn't go ahead as we are invested this, its our home but i won't play dirty its not my style.
    Last edited by jobianne77; 13-06-2019 at 5:52 PM.
    • Slithery
    • By Slithery 13th Jun 19, 4:58 PM
    • 1,992 Posts
    • 3,323 Thanks
    Slithery
    a tenancy can be ended by a landlord.
    Originally posted by lincroft1710
    Is this some new law that's been rushed through that none of us have heard of?

    Although I do get the point that you're trying to make
    • Slithery
    • By Slithery 13th Jun 19, 5:02 PM
    • 1,992 Posts
    • 3,323 Thanks
    Slithery
    We moved into this house with a view to buy...
    Originally posted by jobianne77
    Which was a mistake on your part from the get-go. Being a tenant gives you no extra rights in purchasing than anyone else.
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