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Thank you for your confirmation and answer.
I just got a report back this morning informing me that the covenants
on my title deeds cannot be enforced by the neighbors. They have no legal entitlement to enforce them .
My question now is- if its unlawful to short let - WHO can enforce ? I am being told i need to apply to he land tribunal to be able to continue short lettings. The only person that does have the benefit of enforcing the covenants owns a piece of land locked land at the back of my garden which has no dwelling and hasn't been used for 18 years.
My second question is : Can a letting of 2 or 3 months be considered
commercial .is there a law that says it must be 6 months?
Yes the developer is also neighbor. The report says both the developer and one other neighbor- the ones wanting to take action - cannot enforce because they are not beneficiaries of the covenants.I purchased my house last and for them to have entitlement a separate covenant would have been made and retained but it wasn't.It wasn't a lack of wording , it was a lack of documents and because i purchased last. When i purchased the developer accepted an offer of 10 thousand less in exchange for 2/3rds of my garden- which he said i could buy later for 10 thousand.2 years later i had saved the 10 thousand but he put the price up to 30 thousand which i never managed to save and therefore the only entity able to enforce covenants is the owner of that piece of land at back of my garden [ its in developers name ] because that was put in his name AFTER i purchased...however he has no access to the land...its landlocked....he would have to come through my house. The report also says that there is no information about who sold the developer the back 2/3 rds of my garden...there's no documents/lack of info .The report says that a piece of landlocked land/ owner cannot object to short lets because it does not interfere with land.
My cousin is a usa property lawyer and she searched but she practices usa law although she is british so that is why i am double checking and still searching for answers.
Please would you be able to answer:
1. Who can enforce if the neighbors cant?
2. how much does it cost to process application through tribunal
3. What are success rates for me to continue short lets
4. Is there a law precedence about 6 months or more being residential and no shorter term applies?
My home is not rented as much as the 140 days per year req. to pay business instead of council tax rates .
Covenant says house must be used as a single dwelling in the occupation of one household. But does that matter now that it is established that the covenant benefits no one?