Restrictive Covenant - Use As A Private Dwelling Only

[donchano]

We have just discovered there is a restrictive covenant on the house we are about to buy which prohibits use of the property for any purpose other than as a private dwelling. My husband is a tradesman who keeps his tools and equipment at home and also does the books from home. All his work is carried out in customers' houses and no part of his trade is carried on at home. What would be our position if anyone were to complain? Would they have a leg to stand on or would common sense prevail?

[goodgoalie]

My house has a similar covenant, and I'm sure you have nothing to worry about. Your husband does all his work away from the house, and is perfectly entitled to keep tools at home and do his accounting from there. There is no question in my mind that your property is not being used solely as a private dwelling.

Where I live, the covenant also covers the gravelled parking areas which are 'for private motor vehicles only'. One of the residents regularly parks his sign-written work transit in the courtyard, but nobody has bothered to bring the matter up. In your case, nobody has anything to complain about, and no rules are being broken.

[Zacs-Master]

The covenant will be designed to stop someone turning the house into a workshop / massage parlour / bakery / taxi office i.e. something that might inconvenience the neighbours or be detrimental,to the locality through noise, increased traffic, pollution etc. You’ll be fine.

[donchano]

Thanks, that's reassuring. Guess I'll have to abandon plans for the massage parlour though ;-)

[AuntLydia]

The only problem I could foresee s that your husband will not be able to claim back a portion of your household costs ( utilities, telephone) for using the house as an office.You are allowed a percentage set off against Taxable Income if you do all your book work at home. Of course HMRC will not know of the covenant.

[Peter Pedant]

I have never told the taxman about title (whether or not I have it)
My tenant tried and was unsuccessful - I wont go over the reason why - just go ahead and claim expenses

( because in short - if the taxpayer had income against a covenant would the tax man hold up his hands and say - no no it cannot be! keep the income n I will collect no tax!
no I can tell you he wouldnt )

the only person who can enforce the convenant is the head lease holder or grantor ( sort of seller or seller three sellers ago)

[Peter Pedant]

// The only problem I could foresee s that your husband will not be able to claim back a portion of your household costs//

NB for slow readers and skimmers - this is a paper tiger !