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JGM
JGM, Solicitor
Category: Property Law
Satisfied Customers: 11155
Experience:  30 years experience in property law.
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I live in one flat of a town house that was made into four

Resolved Question:

I live in one flat of a town house that was made into four flats, which I own.
Point 2.4 of the deeds states that: 'Each dwelling house (flat) shall be used and occupied in all time coming as a private dwellinghouse and for no other purpose whatever.'
One other occupier owns his flat but the two remaining flats are rented out as HMOs where the owners receive rent.
Are they in breach of the terms of the deed, in that they are obtaining monies by running a rental business?
I live in Edinburgh, Scotland.
Submitted: 3 years ago.
Category: Property Law
Expert:  JGM replied 3 years ago.
What the title means is that the flats are to be used as homes and not shops or offices. The fact that the landlord has a rental business doesn't matter as the use of the property is residential and that complies with the title condition.

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