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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 28245
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Im facing a issue regarding a property i want to rent in

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Hi pearl im facing a issue regarding a property i want to rent in Sheffield to site up a gym and combat center of excellence similar to the UFC Performance institute in Nevada How every gym group put a block of use on that site with the landlord since then the landlord sold the property to another investment company We wanting to know if the order still stands and if it does how do we go about removing it We cant find anything of the sheffield website
JA: What steps have been taken so far? Has any paperwork been prepared or filed?
Customer: The blocking order was filed 2 years ago but the landlord sold it last week and the sale has gone through
JA: Have you talked to a lawyer about this?
Customer: No i havent
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Yes basically we are cic and are bring a level of leisure and fitness that is only found in kightsBridge with 20-30 percent of profits going to programs that prevent / reduce kinfe crime, increase activity in children and women

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

I am very sorry to read of the above and I imagine how frustrating it must be. I will certainly try to clarify the position for you.

are you able to kindly clarify what you mean when you refer to a gym group placing a block on use of a particular site please? Do you refer here to planning use or some form of restrictive covenant or something entirely different?

Customer: replied 11 days ago.
I belive its a restrictive covenant

Thank you. So your understanding is that another Gym business has the benefit of a restrictive covenant over the land? do their own adjoining land?

Customer: replied 11 days ago.
No they dont own the land they just had agreement that***** couldnt be use has a gym
Customer: replied 11 days ago.
The lease the building and we plan to lease for 6 years and buy it and protect the other cic
  1. Do you have a copy of the agreement available?
  2. If not do you know who the agreement is with? e.g. the owner of the land?
Customer: replied 11 days ago.
That will be next to us
Customer: replied 11 days ago.
Aberdeen Standard owned the whole of sheffield more and when gym group moved in they had a agreement that the building we want wont be used for a gymNewRiver now owns it

Thank you. it is difficult to comment in detail without sight of the relevant agreements or deeds to the property, however if a party has the benefit of a restrictive covenant on the land, it is possible though not certain that the covenant may still be enforceable. Covenants can fail if they are not drafted properly and it is not unusual to see unenforceable restrictive covenants on land. If the restrictive covenant was entered into personally by the current owner of the land that it is more likely to be directly enforceable by the original parties than if the land has since changed ownership.

If you are yet to lease the land, then of course irrespective of the enforceability of the covenant or not, the owner of the land can choose whether to lease the land to and if they are of the opinion, right or wrong the land subject to restrictive covenant, then they are entitled to refuse to lease the land to you on the basis that it is their land to lease on such terms as it thinks fit.

if however they are keen in principle to lease the land to you but are concerned about the applicability of the restrictive covenant, if there is any doubt as regards ***** ***** it may be worth them having a lawyer look at the same in order to ascertain whether the covenant is capable of enforcement or not

Customer: replied 11 days ago.
The agreement was between gym group and and aberdeen standard investment new river no owns is itIf its not a restrictive covenant and just bulding use will it still apply

thank you. As the land is been sold from what you say since the original owner agreed a restrictive covenant, it is possible that restrictive covenant no longer is enforceable against the new owner depending upon how it was worded and if it was registered against the title. as above, it may be worth the current owner asking a solicitor to look over and enforceability of the restrictive covenant if they are otherwise keen to rent the premises to you

Customer: replied 11 days ago.
They were keen to rent because we wanted to buy it after 6 years so they would of done it but that the agreement by gym group was the issues

Thank you. If they have not sought advice as to the enforceability of the restrictive covenant, that would be my recommendation as it is not at all uncommon such restrictive covenants to become unenforceable against successive owners.

Customer: replied 11 days ago.
Okay thank very much for your help if things are successful and all goes to plan i would have to have you at the opening party , tyson fury ,bugzy malone and big nasty should be making an appearance

I hope the above answers all your questions for now. If there is anything else I can help with please reply back to me otherwise thank you very much for visiting JustAnswer and I hope we will see you again in the future.

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