10:58 AM, 3rd March 2021, About 7 months ago 13
I’m selling a house set up as an HMO, that hasn’t been rented out to anyone. It has a ‘single private dwelling house’ restrictive covenant. We are/were ready to exchange & complete.
The buyer has had the HMO licence guaranteed by the council 14 days post-completion, and it was a term of his mortgage that covenant consent should be provided by the council prior to exchange. So he wrote to the council and requested approval.
Their response was ‘I wish to confirm that the Housing Department will not release the covenant in order to use the above property as an HMO’.
I believe the council do not necessarily act against HMO’s breaching covenants in the area, although I’m well aware this isn’t a guarantee they won’t, but without consent, I don’t see how the buyer’s mortgage provider will release funds.
This is now my problem because he can walk away, and I will struggle to sell the house to anyone other than a cash buyer willing to take the risk.
Does anyone have any possible solutions? Other than selling it to someone else as a family home?
Very grateful for any assistance you can provide.
Please Log-In OR Become a member to reply to comments or subscribe to new comment notifications.
Advice and implementation provided by a practising Barrister-At-Law with £10,000,000 of Professional Indemnity InsuranceBook Now
|“Account”||means an account required to access and/or use certain areas and features of Our Site;|
|“Cookie”||means a small text file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site. Details of the Cookies used by Our Site are set out in section 13, below;|
|“Cookie Law”||means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003;|
|“personal data”||means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data. In this case, it means personal data that you give to Us via Our Site. This definition shall, where applicable, incorporate the definitions provided in the EU Regulation 2016/679 – the General Data Protection Regulation (“GDPR”); and|
|“We/Us/Our”||Means Property118 Ltd , a limited company registered in England under company number 10295964, whose registered address is 1st Floor, Woburn House, 84 St Benedicts Street, Norwich, NR2 4AB.|
|Name of Cookie||Purpose||Strictly Necessary|
|JSESSIONID||Used only to collect performance data, with any identifiable data obfuscated||No|
|__cfduid||This cookie is strictly necessary for Cloudflare's security features and cannot be turned off.||Yes|
|Name of Cookie||First / Third Party||Provider||Purpose|
|__utma, __utmb, __utmc, __utmt, __utmz||First||Helps to understand how their visitors engage with our website|
|_fbp||First||Helps to understand how their visitors engage with our website|