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Transfer Covenants - Single Private Residence


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#1 peter_2008

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Posted 17 March 2012 - 11:06 PM

I happen to find out that many properties in my area have transfer covenants that restrict the use of properties to “single private residence”.

Shouldn’t that stop people from taking lodgers, let out to HMO or run their plumber business from home?

I know it's normally a clean cut ban if it is leasehold, but what if the owner is freehold?

Does that mean all these people are violating the planning condition? So in theory they can be all taken to court and forced out of business?

(I know "in theory" sub-letting council house do not exist and so is HPC.)

#2 tim123

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Posted 19 March 2012 - 11:48 AM

I happen to find out that many properties in my area have transfer covenants that restrict the use of properties to “single private residence”.

Shouldn’t that stop people from taking lodgers, let out to HMO or run their plumber business from home?

I know it's normally a clean cut ban if it is leasehold, but what if the owner is freehold?

Does that mean all these people are violating the planning condition? So in theory they can be all taken to court and forced out of business?

(I know "in theory" sub-letting council house do not exist and so is HPC.)



No, yes and no (as long as the don't have clients turn up at the door).

And as a covenant it's got nothing at all to do with planning, is a civil matter which can only be enforced by the covenant holder and the only penaly available is to told to desist doing it.

tim




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