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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10778
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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We are proposing to buy a fully detached (ie no immediate neighbours

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We are proposing to buy a fully detached (ie no immediate neighbours to upset) coach house style apartment on a leasehold basis, to use for our own personal regular holidays and stays. It will not be used for holiday letting purposes. The Conveyancer has warned us that as the property is covenanted to only be used as a private dwelling, we may be in breach of this covenant as our short stays show a "lack of permanence" and so it may not be regarded as a private dwelling. Can this really be the case? Does a property have to be occupied 52 weeks a year to be a "private dwelling"?
Hello and thanks for using Just Answer.
I am Al and am happy to assist you with your enquiry.
As long as you do not intend letting it out, as a holiday let, you have absolutely nothing to worry about. A restrictive permitting its use as a "private dwelling" means that it should not be used for any commercial purposes (eg holiday lettings) but the occupation of the property by you- permanenet or otherwise- will be deemed as private, and you will not therefore be breaching the covenant.
I hope this assists and sets out the legal position.
Kind Regards
Customer: replied 2 years ago.
Many thanks indeed. It is only logical I suppose, but my Conveyancer really worried me over his "important warning" notice he sent me. Thanks again.
Only if you start letting it out on a commercial basis, do you have anything to worry about.
If I have assisted, I would be grateful if you could rate my answer.
Kind Regards
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