Jenny Sinclair

Registered with Property118.com
Thursday 10th October 2013


Latest Comments

Total Number of Property118 Comments: 5

Jenny Sinclair

9:43 AM, 17th April 2018
About 2 years ago

Despicable vehemently anti-landlord Guardian article

I too read this article and was horrified by the unsubstantiated rubbish being published in a national newspaper. It will come as no surprise to anyone here that mr Samadder's main job on that newspaper is to write "humorous" reviews of kitchen equipment, usually filled with double entendres.
I think he may also provide live feeds alongside reality tv shows.
An industry expert indeed. I hope that the paper is required to apologise on his behalf.
An excellent article from Rosalind Beck - thank you.... Read More

Jenny Sinclair

12:52 PM, 16th April 2018
About 2 years ago

Declaration on selling a property - integrity is paramount

Sue,
I think that the "standard" set of enquiries that any buyer's solicitor will raise will include ones regarding planning applications that have been made, whether or not they were successful. Any planning application is also a matter of public record and will be revealed by the buyer's searches, again whether it was passed or not (or withdrawn).

I would have thought that, as long as there is a reason for making the application, whether or not you get planning permission would not cause a problem on a subsequent sale. The property will otherwise (presumably) be being sold without that space in any event.
Good luck if you decide to go with planning application.... Read More

Jenny Sinclair

15:48 PM, 8th October 2014
About 6 years ago

Multi-let ex-council property with Restriction of Covenant

This is a link to an article about restrictive covenant indemnity insurance. I'm not in any way connected with Zurich, by the way, it just looked like a good explanation!
Debby would only be looking at insuring against the risk that:-
1. Renting as a multi-let amounted to carrying out a "trade business or profession" in or upon the property
2. In the event that it was, that there was someone currently with the benefit of the covenant who is aware of its existence and seeks to enforce it
3. If that were the case, that the insured couldn't show that the nature of the property had changed sufficiently for the Lands Tribunal to allow the covenant to be discharged or modified to allow the house to be used as a shared property

In my experience, the insurance companies involved in this field are happy to look at the circumstances and to say whether they will offer cover and at what premium. the premiums are usually one-off and are for the benefit of mortgagees and people who buy the house from you. This can be done before exchange and cleared with the lender.

That said, Debby may not want any element of risk, insurance may not be available and, if it is, it may not satisfy any BTL lender involved, so this is all speculation!

And just to clarify, as far as I am aware, this will not relate to the covenant to use as a single family house, as this is a positive covenant, the burden of which does not run with the land to successors in title (ie anyone who bought or buys after the original buyers from the Council). I do however stand to be corrected!

http://www.zurich.co.uk/legalindemnities/news/real_issues_for_real_estate/restrictivecovenantindemnityinsurance.htm... Read More

Jenny Sinclair

12:53 PM, 8th October 2014
About 6 years ago

Multi-let ex-council property with Restriction of Covenant

Debby and John,

The article you link to John is based on Australian Law. While there may be crossovers with English Law, they are not the same and you should be wary of relying on it. As others have stressed - take your own lawyer's advice asap.

The problem with the concept of the Council "withdrawing the covenant" is that although they may have been the original parties to the covenant, the benefit of the covenant will have passed every time they sold a piece of the benefitting land (ie every time they sold a neighbouring Council House) so it would not now be in their power to amend the original covenant. Take advice but it seems to me that insurance is the only likely way forward.

Good luck and let us know what you decide to do.... Read More

Jenny Sinclair

16:14 PM, 7th October 2014
About 6 years ago

Multi-let ex-council property with Restriction of Covenant

Hi Debby,

My knowledge of covenants is a little rusty, but I seem to remember that whilst restrictive covenants run with the land and are enforceable against successors in title, positive covenants (such as the covenant to use only as a single family home) are only personal to the original parties to the deed (ie the original conveyance).
The restrictive part of the covenant (ie the first part) would bind anyone buying the property, and it would be a matter of interpretation, I think, whether what you propose to do amounts to a "trade or business". However, you should be able to take out restrictive covenant indemnity insurance to cover the risk. Your lenders' (if you have them) solicitor will almost certainly have to agree with this.
I would definitely discuss your intentions with your solicitor, as she has all of the information to hand and is best placed to advise you.
Have you already exchanged contracts?
Jenny... Read More