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Thank you for your answer.I understand about the conditions for the different HMO's as my house is on 3 floors the limitation is in it must be let to less than 5 people which is fine as we are only planning on letting to 4 individuals.
My understanding of the Restrictive Covenants on the housing estate goes as far as to asking who would actually enforce the covenant?
Although there is a residents management company in place, it is highly unlikely that they would be able to use the monies collected from the Maintenance people pay to fund taking someone to court for breach of covenant i.e. why should someone on one side of the estate who is not being inconvenienced by someone living on the other side of the estate breaching the covenant be liable for paying legal fees (from their maintenance money) for taking someone to court for breach of covenant?
In addition couldn't you argue that people are being prejudice towards you as there are other households on the estate in breach of the same covenant or other covenants?
My understanding is that it could cost several thousands of pounds to take someone to court over breach of covenant that may or may not succeed.
The covenant preamble is:- "FOR the benefit and protection of the Neighbouring Premises and so to bind the Property into whosoever hands the same may come but not so as to render the Transferee personally liable for any breach of covenant after he or they shall have parted with all interest in the Property the Transferee hereby covenants with the Transferor and also as a separate covenant with every other person who is now or who will be an owner of any part of the Estate and with the Manager and the Builder that the Transferee and those deriving title under him will at all time observe and perform the following restrictions and stipulations."
The definition of "Neighbouring Premises" is:- "The Estate other than the Property."
I guess this means the rest of the whole estate meaning anyone could potentially request or try to enforce a restrictive covenant on anyone else on the estate rather than your direct neighbour.
Thank you for your answer.
We did not buy the house from the builder, we purchased the property from the first time buyers only 3 years ago.
Also the estate was handed over to the Residents management company after the sale of the last plot so in essence, they could enforce the covenant but who would have to pay to have it enforced?
The only money the residents management company has is that from the residents on the estate and is used to maintain the estate, I am not to sure it would go down well with the residents if their funds were being used to take individuals to court for breach of covenant being decided by the Residents Management Company, some of whom are in breach of the covenants themselves especially if it was not a 100% guarantee that the court case would win.
Thank you very much. Much appreciated.