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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10457
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I have a freehold property. There is a covenant which states

Customer Question

I have a freehold property. There is a covenant which states 'to be used as a single private residence and not for trade or business purposes.' Does this mean that I cannot use the property as a holiday let?
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

I am afraid there is case law confirming that using a property for a holiday let is classed as a business use, and therefore you would be in breach of covenant if you did operate a holiday let.

I am sorry this is not the answer you were looking for, but it sets out the legal positon.

Kind Regards

Al

Aston Lawyer and other Law Specialists are ready to help you
Customer: replied 1 year ago.

Hi

Thanks for confirming that. Is it possible to challenge or change a covenant?

regards

Clare

Expert:  Aston Lawyer replied 1 year ago.

Hi Clare,

Thanks for your positive rating.

Unless all the parties who have the benefit of the covenant agree, I'm afraid you would not be able to challenge or change it.

Kind Regards

Al

Customer: replied 1 year ago.

Thanks. Does that mean I would need the agreement of my neighbours as I presume they would have the benefit of the covenant?

regards

Clare

Expert:  Aston Lawyer replied 1 year ago.

Hi Clare,

Yes- you would need all the neighbours to sign a document, confirming they would not object to your proposed use of the property.

Kind Regards

Al

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