What Are Restrictive Covenants On Ex-Council Houses?
By
HuutiMoney
If you are wondering what restrictive covenants on ex-council houses are, you will find the answer to your question in the following blog post. In addition to this, we will also discuss how restrictive covenants impact ex-council houses and their owners, whether or not they can be removed, as well as the potential consequences of breaching them.
What Are Restrictive Covenants On Ex-Council Houses?
Restrictive covenants are legally binding agreements that limit the use or development of a property. On ex-council properties in the UK, restrictive covenants are often put in place to protect the interests of the local authority, the tenants and the wider community.
Some common examples of restrictive covenants on ex-council properties may include:
- Prohibiting the sale or letting of the property to certain categories of people, such as property investors or non-residents.
- Limiting the use of the property to residential purposes only.
- Preventing the extension or alteration of the property without the prior written consent of the local authority.
- Restricting the use of the property for business or commercial purposes.
- Prohibiting the keeping of livestock or poultry on the property.
These covenants are usually attached to the property’s title and remain in force even after the property has been sold to a new owner. They are designed to ensure that the property remains in a certain condition and is used for its intended purpose, thereby protecting the interests of the local authority and the wider community.
Restrictive covenants can sometimes reduce the value of an ex-council property, depending on the specific covenants and their impact on the property. For example, a covenant that prohibits the use of the property for commercial purposes could limit its potential value to a buyer who wants to use the property for business purposes.
However, it is important to note that restrictive covenants can also have a positive impact on the value of an ex-council property in some cases. For example, a covenant that restricts the use of the property to residential purposes only can help to maintain the character of the neighbourhood and prevent the property from being converted into a commercial property or a multi-unit rental property, which could potentially negatively impact the surrounding properties.
What Are The Consequences Of Breaching Restrictive Covenants On Ex-Council Houses?
Breaching restrictive covenants on ex-council properties in the UK can have serious consequences for the property owner. Some of the potential consequences include:
- Legal action: If a property owner breaches a restrictive covenant, the local authority or other affected parties may take legal action to enforce the covenant. This could include seeking an injunction to stop the breach or pursuing a claim for damages.
- Fines and penalties: In some cases, breaching a restrictive covenant can result in fines or other penalties. For example, if a property owner is using the property for a prohibited purpose, they may be fined by the local authority.
- Reversion of ownership: In extreme cases, breaching a restrictive covenant can result in the property reverting back to the local authority or other affected parties. This is a rare outcome, but it can occur if the breach is serious and repeated attempts to resolve the issue have been unsuccessful.
- Difficulty selling the property: Breaching a restrictive covenant can make it more difficult to sell the property, as potential buyers may be hesitant to purchase a property with known restrictions or legal issues.
It is important for property owners to be aware of the restrictive covenants attached to their ex-council property and to ensure that they comply with them. If there are concerns about the covenants or the potential impact of breaching them, it may be advisable to seek legal advice.
Can Restrictive Covenants On Ex-Council Houses Be Removed?
Yes, certain restrictive covenants on ex-council houses can be removed. To apply for the removal of restrictive covenants on an ex-council house in the UK, you will need to follow a specific legal process. The process can vary depending on the specific circumstances, but generally involves the following steps:
- The first step is to identify the specific restrictive covenants that are attached to the property. This information can be found on the property’s title deeds or through a local authority search.
- Not all restrictive covenants can be removed, and some may only be varied rather than removed entirely. It is important to determine whether the covenants can be removed and what the process for doing so would be.
- In some cases, the consent of the party that imposed the restrictive covenant (such as the local authority) may be required before it can be removed. You may also need to obtain the consent of any affected parties, such as neighbours.
- If consent is not obtained, or if there is a dispute over the removal of the restrictive covenant, an application can be made to the Lands Tribunal. The Lands Tribunal is a legal body that can hear and resolve disputes over property-related matters, including restrictive covenants.
- If the application is successful, a hearing may be required to determine the terms of the removal or variation of the restrictive covenant.
It is important to note that the process for removing or varying restrictive covenants on ex-council houses can be complex and time-consuming. It is advisable to seek legal advice before beginning the process to ensure that you understand your rights and obligations, and to increase the likelihood of a successful outcome.
Conclusion:
The above discussion helps to identify what restrictive covenants are with regard to ex-council houses and how they can impact the use as well as the value of the property. While some restrictive covenants can be removed, others may not be. However, it is imperative to abide by them as there can be severe consequences for breaching a restrictive covenant.
References:
Section 157 Restrictive Covenants on former Local Authority properties | Cotswold District Council
Restrictive Covenants – What They Mean – HomeOwners Alliance