Restrictive Covenants and Indemnity

Restrictive Covenants and Indemnity

9:58 AM, 31st August 2016, About 8 years ago 14

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7 years ago I bought an ex council house. I was not aware that there is a restrictive covenant by the local authority that prevents the house being used ‘other than as a single private dwelling house for occupation by one family only and not to convert same to flats or maisonettes.’restrictions

The Local Authority who imposed this covenant when they sold the house originally have hundreds that are similarly used and it would open the flood gates if they allowed a challenge to go through. So far no one has tried to get it lifted and Indemnity seems the only way. I’m now selling an HMO with tenants, and my buyer is concerned about the covenant and he wants indemnity.

Can anyone advise me which Insurers specialise in this sort of cover please ? Our solicitors tell me it is not available, but I rather think they haven’t looked very far!

Any tips appreciated.

Bill


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Colin McNulty

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10:12 AM, 7th September 2016, About 8 years ago

Thanks for sharing that Richard. That letter is contradictory.

In the first sentence they describe the reason for the covenant as being issues related to planning: "benefit of the neighbourhood, and the protection of its general appearance and amenity". Then in the second sentence, they say it's not a planning issue!

Did you argue the case with them? I'd have gone back and said that 50% profit share when there's not 50% risk shared would kill the project. 10% would be a more acceptable level which would allow the project to proceed. 10% of something always being bigger than 50% of nothing.

As to the OP, I fear even if you could find out which companies supplied the insurance, they may well insist you go through a solicitor anyway rather than deal with you directly. I would point out to your buyer that property is not a risk free activity, and he should decide if the proven returns from the HMO are worth the risk.

RichDad

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11:24 AM, 7th September 2016, About 8 years ago

Hi Colin, no I didn't try to pursue that, as it seemed an immoveable barrier at that time, but I could see nearby non-ex-council properties being demolished and replaced with multiple houses, all squeezed on smaller plots than ours. This trend continues here (Herts, and in many places across the country) The difference was that they were not ex-LA.

It isn't really a planning issue, but is all to do with the consequential laws relating to Right-to-Buy legislation when that was first introduced. Having sold the family silverware (council housing), there was an attempt to claw back profits if the newly privatised properties were carved up. But councils aren't demanding a share of uplift if someone were to greatly extend an ex-LA house and then sell it on for a massive increase.

Jason McClean - The Home Insurer

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8:32 AM, 20th September 2016, About 8 years ago

Hi Bill

It took a little time to get a specialist that may be able to help with this sort of insurance. Please have a look here: http://jwlear.co.uk/

Our initial enquiry has resulted in them responding and they need to know the following:

1. advise the property address.

2. confirm the sale price.

3. advise how long the property has been used as an HMO without complaint/objection in respect of the restrictive covenant.

4. forward a copy of the title for the property, which will contain the restrictive covenant.

Hopefully they may be able to help!

Best

Jason McClean
http://www.thehomeinsurer.co.uk

Bill O'Dell

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9:06 AM, 20th September 2016, About 8 years ago

Reply to the comment left by "Jason McClean" at "20/09/2016 - 08:32":

Thanks Jason,
I'm on the case as I write! I appreciate the time you took
Bill

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