Restrictive Covenant

[Shaino]

Hi All,

We are one of those lucky folks that received a letter from our management company asking to remove the caravan within the net 7 days as keeping it on the driveway is prohibited.
We didn't realise we have such restrictive covenant until today.

Not sure who complained - either neighbours or the developer ( they are still building new houses ).

We are planning to remove it anyway but a bit later - in about 2 months time so I'm just wondering how likely is that the case will reach to the court within that time? Would the management company send a couple of more letters or would they go straight to the court after 7 days? And if it does lead to a fine - how much would that be (just thinking if it is cheaper to pay the fine rather than paying for the caravan storage)?

Thanks everyone!

 

[Jcloughie]

Write back to them thanking them for pointing out the error of your ways and that you have every intention of complying and are actively seeking an alternative. This should buy time without getting people's backs up.

John

 

[ProfJohnL]

I am in no way suggesting you should ignore or disregard the covenant, which during your purchase of the property you will have agreed to abide by.

Large developers often apply such covenants because they believe that properties that have commercial vehicles or motor homes or caravans parked detract from the appearance of the development and can put some prospective purchasers off deciding to buy.

Developers can be diligent in their monitoring of such things whilst they still have some plots to sell, but as soon as their commercial interest have been satisfied with the sale of the final plot, they are are less active in pursuing transgressions.

I'm not sure what action they can actually take. Its not a criminal matter, its probably not a safety matter so Health and Safety won't be involved, It's not an infringement of local By Laws which only the local authority impose,

I can only imagine they might try to have a restraining order applied like an Antisocial Behaviour Orders (ASBOs), They could only sue you if they could show your actions had caused them a financial loss.

As I pointed out you will have agreed to the covenant when you purchased the property, so though it might be annoying, why deliberately set out to go back on your agreement?

 

[Raywood]

I take it from your reference to a Management company that the property is either leasehold or rented in which case you had better follow the rules although as Jcloughie says they may give you a short stay if you tell them it will be moved soon and explain the circumstances and time scale. Frankly it has not got a chance of reaching court in that time, but you could incur solicitors fees if they pass the case to them.
If you own the property then the agents would have a far more difficult job and would have show prejudice in most cases. I have dealt with these problems, but the individual circumstances of each case differ and you would be best getting advice from your solicitor. I would need a lot more detail to go further and would prefer not to say more at this stage.

 

[otherclive]

I take it from your reference to a Management company that the property is either leasehold or rented in which case you had better follow the rules although as Jcloughie says they may give you a short stay if you tell them it will be moved soon and explain the circumstances and time scale. Frankly it has not got a chance of reaching court in that time, but you could incur solicitors fees if they pass the case to them.
If you own the property then the agents would have a far more difficult job and would have show prejudice in most cases. I have dealt with these problems, but the individual circumstances of each case differ and you would be best getting advice from your solicitor. I would need a lot more detail to go further and would prefer not to say more at this stage.

It's not uncommon these days for the "environment" of new developments to be contracted out to a management company where the residents pay an annual fee. Where my son lived the house was freehold but they had to pay an annual fee for road cleaning, care of grass areas, shrub trimming, litter collection etc.

 

[Beachball]

We also got a letter when we brought our new house saying no caravans allowed on the driveaway for four years but after we explained saying it would be in caravan storage most of the time and just coming out overnight for setting off early in the morning we got permission

 

[Buckman]

Frankly it has not got a chance of reaching court in that time, but you could incur solicitors fees if they pass the case to them.

The only fees that you would pay is the fees to your solicitor unless it went to court and judgement was against you.

 

[Shaino]

@ProfJohnL @Raywood
It was not our intention to break the agreement, we didn't check the deeds properly. We are working on the caravan's interiors (wallpapers, paining, etc) and moving it to a storage would make it almost impossible to finish. It's only about 30 mins - 1h available a day between work and school runs.

The plan was to to finish the work and tow it somewhere, hence I'm trying to understand how much time left we have to finish as much work as possible. We checked campsites nearby but nobody wants to let a caravan in if there is some work happening there, even if we pay a full monthly pitching fees. Caravan storages are quite away from us.

Current deeds are between the developer [Taylor Wimpey] and us [we own the property], and they state:

THE Transferee hereby covenants so as to bind the Property into whomsoever hands the same may come
with the Transferor and also (subject to the power of the Transferor to release or vary as hereinafter
contained) as a separate covenant with every other person who is now or may become the owner of any part
of the Estate that he the Transferee will at all times hereafter observe and perform the covenants as set out
below:

* Not to park or permit to be parked on the Property or the Estate any commercial vehicle caravan
house on wheels boat or trailer whatsoever

* Not to use the Property the Private Accesses (if any) or the Visitors Parking Spaces (if any) for the
repair or maintenance of motor vehicles (with the exception of day to day repairs, for example
changing a tyre or checking oil levels) and not to use the Property the Private Accesses (if any) or the
Visitors Parking Spaces (if any) for the storage repair or maintenance of any caravan house on wheels
boat or trailer whatsoever

So I'm not disputing the request from the management company to remove the caravan, I'm trying to squeeze out as much time as possible out of the current situation.

 

[Raywood]

I do wonder if they will actually take it further but explaining your position should help as it would mean they would be unlikely to get anything effective done within the time scale you suggest. Possibly it depends on the state of the estate as these are often included to protect the builder while the estate is being built. Once that has happened they have no interest in the covenant and would not want to spend money on pursuing anyone breaching the covenant and they will be the only ones who could proceed, rather than the management company unless they have had a transfer of this in their favour. It is still difficult to see what they have to gain.
To succeed the party pursuing this would have to show prejudice, I find it difficult to see how this could be done if the estate is finished. It may be that a neighbour has complained which might get the management company to write, but that is just a guess.
If the management company try to get tough, you can ask them what authority they have to pursue the matter as the covenant is written in favour of Taylor Wimpy and not them.
My daughter did buy a house from Taylor Wimpy about five years ago and after the estate was completed two houses we know have have now got caravans outside, the one where our daughter knows the householder has certainly had no action taken after well over a year.

 

[Buckman]

As mentioned although I have no experience in this type of issue, I would think that the chances of them doing court are extremely remote, but be prepared to receive lots of free of charge threatening letters.