Is a small shared house a "single private dwellinghouse" for covenant purposes?

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    Is a small shared house a "single private dwellinghouse" for covenant purposes?

    I am thinking of buying a house (in England) which I would let as a small shared house to a pre-formed groups friends on a single joint and several AST.

    It is an ex-council house and is subject to the standard restrictive covenant "...not to use the property otherwise than for the purpose of a single private dwellinghouse..." which gets slapped on to all council properties upon their sale via right to buy.

    My understanding from a quick Google is that this would prevent me from letting the property to groups of strangers on a room-by-room basis, but letting to a small group of friends on a single joint and several AST does fall within the definition of a "single private dwellinghouse" in the context of a restrictive covenant (and other contexts in which the term "single private dwellinghouse" might appear, for example in relation to C3/C4 planning use class or the Housing Act 2004, are not necessarily relevant to the interpretation of this covenant). Am I correct?

    (In case it makes any difference, it has been let by the previous owner as a small shared house for at least 10 years without any enforcement taking place, and the council is aware of this as it has issued both an HMO licence under an additional licensing scheme and a Certificate of Existing Lawful Use or Development showing it has C4 use class status).

    #2
    (PS I just realised this is more a conveyancing question than a planning question -- any mods around should feel free to move the thread)

    Comment


      #3
      I think I've found my answer: in Roberts v Howlett [2002] 1 P&CR 19 letting a house to a pre-formed group of four students was held not to be a breach of an identical covenant. This still appears to be the leading case on this question. If I've missed something, however, I'd be keen to hear it.

      Comment

      Latest Activity

      Collapse

      • Changing Percentage Split to a Tenancy in Common
        Steve Mac
        Some years ago I purchased a house with my then partner, who happens to be a Conveyancer. We agreed that we would be tenants in common with equal shares 50/50.
        Having recently split with my partner, I remain living at the property and my partner vacated, I was concerned that things may be going...
        19-09-2019, 07:29 AM
      • Reply to Changing Percentage Split to a Tenancy in Common
        Lawcruncher
        The problem here is that there was a TR1 (or possibly some other form of transfer) which the OP did not get to sign. When I was working the LR would not accept a transfer to joint proprietors unless they had signed it....
        19-09-2019, 10:39 AM
      • Reply to Changing Percentage Split to a Tenancy in Common
        AndrewDod
        There would really have to have been some document executed as a deed - either the TR1 itself signed by you as a deed, or a separate deed. If you say there was no deed or if you allege a deed is forged, then I imagine a court would determine on the facts (who paid the mortgage, declared taxable income,...
        19-09-2019, 10:00 AM
      • Reply to Changing Percentage Split to a Tenancy in Common
        Lawcruncher
        You will not be able to get the Land Registry to change the percentages as they have no power to do so - in fact they do not record how owners hold property. However, you can ask them why they registered the transfer if it was unsigned. As the transfer is unsigned you can argue that you are not bound...
        19-09-2019, 08:47 AM
      • Changing the split of tenants in common after paying stamp duty
        property_fix
        I am in the process of remortgaging my buy to let that's currently in my sole name - with my friend for us to be tenants in common. Initially with a low split (possibly 75/25) so I know we will need to pay stamp duty. However, over the next couple years she would like to increase her share.
        ...
        09-09-2019, 11:24 AM
      • Reply to Changing the split of tenants in common after paying stamp duty
        Gordon999
        What is the current value of the whole property for remortgaging ?

        If the transfer of 25% share is valued below £40K , she may not be required to pay any sdlt.

        What is your capital gain on a disposal of 25% share in the property ? You can claim the capital gains personal...
        15-09-2019, 21:39 PM
      • Is this document sufficient?
        Mr. Sparkle
        In the past when I have needed deeds, the LR and my conveyancing solicitor have told me that they either lost the document or it was destroyed.. Thus causing additional stress while trying to sell property

        Consequently, I was advised to always keep a copy of the deeds myself
        ...
        15-09-2019, 09:52 AM
      • Reply to Is this document sufficient?
        royw
        When I registered some land 3 years ago LR didn't return the deeds, if I hadn't taken a copy they would have been lost forever. This may not always have been the case as I do have deeds for some other registered properties I've bought. Definitely worth asking about it but my understanding is that LR...
        15-09-2019, 20:20 PM
      • Reply to Is this document sufficient?
        Lawcruncher
        Contact the solicitor and explain what has happened in the past. Tell him you want now the originals or copies of anything significant that might get lost or destroyed.
        15-09-2019, 17:13 PM
      • Building service management as a Ltd co
        BryanArm
        We are a block of four flats that bought the freehold last year. I own one of the flats and took the responsibility to manage the building and have dropped the service fees from 10k to 7k because of how inefficient the previous service managers were.

        i was asked by the neighbouring share...
        10-09-2019, 21:44 PM
      Working...
      X