Covenants and insurance for a HMO?

Covenants and insurance for a HMO?

0:02 AM, 3rd July 2023, About 10 months ago 19

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Hi, I am in the process of purchasing a freehold house, which has covenants attached to the land. One of the covenants doesn’t allow for a HMO.

The beneficiary (limited) company cannot be found at Companies House.

Can someone tell me:

Can the covenants be deemed unenforceable?

Is it possible to seek an order to declare that the covenants are unenforceable from a County Court? If so, is it practically doable in terms of cost and time?

I also want to understand how Indemnity Insurance works for HMO if I can’t lift the covenant.

1. Can the insurance pay multiple times? What does it cover?

For example, after I have the insurance and if someone challenges me for having an HMO, what does the insurance pay for? And to who?

Do I have to stop the HMO from then forever? And I cannot let out rooms any more for that house? Will it affect my credit score or leave me with a criminal record?

2. Under what circumstances can the insurance be invalidated? For example, telling the local authority about the HMO?

I’m sorry for the dummy questions above.

Appreciate your information very much in advance!

Steve


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Comments

Judith Wordsworth

9:38 AM, 8th July 2023, About 10 months ago

Plenty of properties out there. Walk away

Troy

14:14 PM, 8th July 2023, About 10 months ago

Reply to the comment left by Ian Narbeth at 06/07/2023 - 09:56
Thanks Ian. I’ve sent you a message with my email address

Troy

14:14 PM, 8th July 2023, About 10 months ago

Reply to the comment left by Ian Narbeth at 06/07/2023 - 09:56
Thanks Ian. I’ve sent you a message with my email address

Steve Young

1:23 AM, 12th July 2023, About 10 months ago

Reply to the comment left by Ian Narbeth at 03/07/2023 - 11:50
Hi Ian and all,

It is better to reply with a bit more clarification

One of the covenants allows only one family. The exact wording is shown as follows:

"Not to carry on upon the property or any part thereof any trade business or manufacture whatsoever but o use the same solely as a private dwelling for one family provided that there can be carried on thereon the profession of a dental surgeon or registered medical practitioner."

Reiterate:
1 The company writing the covenants cannot be found in the Companies House.
2 The covenants might be transferred to the land and were registered in mid 1900s.

Steve Young

1:30 AM, 12th July 2023, About 10 months ago

Reply to the comment left by Judith Wordsworth at 08/07/2023 - 09:38
Hi Judith,
Thank you for your comment.
I wish I could do what you said.

I added more info, please see here
https://www.property118.com/covenants-and-insurance-for-a-hmo/comment-page-2/#comment-159214

Hope it helps.

Steve Young

1:31 AM, 12th July 2023, About 10 months ago

Reply to the comment left by David Houghton at 03/07/2023 - 14:09
Hi David,
Thank you for your comment.

I added more info, please see here
https://www.property118.com/covenants-and-insurance-for-a-hmo/comment-page-2/#comment-159214

Hope it helps.

Steve Young

1:32 AM, 12th July 2023, About 10 months ago

Reply to the comment left by Eileen Grace at 03/07/2023 - 20:03
Hi Eileen,

Thank you for your comment.

It is in the mid-1960s.

I added more info, please see here
https://www.property118.com/covenants-and-insurance-for-a-hmo/comment-page-2/#comment-159214

Hope it helps.

Steve Young

1:36 AM, 12th July 2023, About 10 months ago

Reply to the comment left by Simon F at 04/07/2023 - 00:10
Hi Simon,

Thank you for your comment.

Would you please elaborate on why the neighbours could benefit from it?

I added more info, please see here
https://www.property118.com/covenants-and-insurance-for-a-hmo/comment-page-2/#comment-159214

Hope it helps.

Steve Young

1:38 AM, 12th July 2023, About 10 months ago

Reply to the comment left by DAMIEN RAFFERTY at 04/07/2023 - 11:23
Hi Damien,

Thank you for your comment.

I am learning about all the rules and will comply with them.

I am interested to learn more if any.

I added more info, please see here
https://www.property118.com/covenants-and-insurance-for-a-hmo/comment-page-2/#comment-159214

Hope it helps.

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