Does lease covenant prohibit holiday lets?

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    #16
    1. The answer depends on the original Deed's wording. Covenants have to involve:
    a. benefit attached to covenantee's then property; and
    b. burden attached to covenantor's then property.

    2. Deed usually defines each such party's description as including successors in title.

    3. Obtain from HMLR (LR Direct) copy of each adjoining property's title registers, to see whether covenant's benefits are annexed to them.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

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      #17
      Restrictive covenant "private dwelling house" can I do holiday lets?

      With a restrictive covenant "a private dwelling house" is it OK to rent out as holiday lets? (freehold property)

      the actual wording is:
      "The purchaser shall not at any time carry on or suffer to be carried on on the property hereby conveyed or any part thereof any trade or business whatsoever or permit the same to be used for any other purpose other than as a private dwelling house."

      As far as I can make out the term "trade or business" means running a business from the house such as a shop or builder's yard etc.

      I wish to do holiday lets, but not full time, occasional use to cover running costs, say 3 months occupancy per year, and am also planning to do mainly reduced price lets for people with terminal illness or similar.

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        #18
        A holiday let obviously means that the leaseholder or- in your case- the freehold owner (covenantor) is not using the property as his/her private dwelling, so the supposition is that there is a breach of covenant. See the previous posts on this thread. To avoid problems, simply ask for consent from the covenantee [party who has pwer to enforce covenant].
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment

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