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*please help* Anyone have any knowledge or experience of this...

(18 Posts)
EvesMama Fri 26-May-06 13:30:31

if a house being bought was built by a company in who's covenants it states that the house should only be used for personal use and not a business, how would you legally go about childminding from that house, or should you just say nothing?
would appreciate any help at all with this one

alison222 Fri 26-May-06 13:32:36

Childminding is a business so I think if you childmind from it you are breaking the covenant.
What would happen if you broke the covenant?

cornflakegirl Fri 26-May-06 13:38:02

how old is the house?
my house was built about 20 years ago - deeds have lots of little restrictions in - stuff like you can't have a shed - but when i bought the house the lawyer said those things are usually about keeping the site nice while they're still building on it, and they were very unlikely to be enforced...
hth

EvesMama Fri 26-May-06 13:42:29

the house is fairly new and said the same about the shed and keeping grass short etc..similar to a new hosue we bought some tme ago..but agent and soicitor seem to think you can overturn it and work as c.m BUT it is a lenghy and expesive procedure????

zippitippitoes Fri 26-May-06 13:45:37

I think you approach the covenanter and it depends if they agree or not in which case it is a relatively simple legal procedure..

Twiglett Fri 26-May-06 13:45:40

call them and find out if they include or exclude childminding in this covenant .. you might be able to circumvent it

I wouldn't do it without their permission tbh .. it could negate your insurance policy

EvesMama Fri 26-May-06 13:47:33

not actually me, so i cant ring and have been asked not to say anything, but obv on here im anon and safer than ringing someone in the no!

it seems that c.m IS classed as a business and not a service anymore so WOULD fall inot this problem?

goosey Fri 26-May-06 13:51:28

I very much doubt if childminding is included in this covenant. Sometimes planning is required though for childminding if extra traffic/noise is likely. So it's worth checking.

EvesMama Fri 26-May-06 13:54:53

so without blowing her cover to them, how would they6= find out if c.m was specifically listed ?

theyve been told of record to carry on and hope neighbours dont say anything???very cloak and dagger for such a small thing i think!

Twiglett Fri 26-May-06 13:56:33

ask for a copy of the covenant .. you would be entitled to it

EvesMama Fri 26-May-06 13:58:06

if thats the case, then it IS listed cos theyve read the covenant and thats why this prob has occured..or would solicitor only have short version of it?

Booh Fri 26-May-06 14:14:05

I don't know I would be very careful, and not do anything without the advice of a solicitor.

There is a childminder in the next village to me, she couldn't operate a business due it being a newly built house with a covernant stating 'no business etc etc' and she has recently had to move. She did try and fight it for a year, but not luck. Apparently also they couldn't park 'work' vans etc outside the house etc.

EvesMama Fri 26-May-06 15:47:50

yes this sounds similar..they have got over initial shock as they say they may chnage career if it becomes to much of prob?, but seems very odd?!

kpnuts2006 Sat 27-May-06 13:10:17

Does this apply to all properties. I rent a property from a housing association and have asked them over the phone if it is ok to childmind from this property. They did say it was ok over the phone and i asked if i needed to send some sort of letter to confirm and they just said no, and that they would put notes on the system. Im just a bit worried just in case the advisor advised me wrong. Do you know of any people that have had a problem with their landlord not allowing them to childmind?

EvesMama Sat 27-May-06 19:58:04

no, its just certain housing/builders.we've bought 60 year old house and have no prob(hopefully!)..theirs is about 10-15 years and does have prob..but childlink said theyve know 200 year old houses have covenants that say no!
if you people have said it ok, then go with it and dont think no more about it!..its on thier backs!
maybe even ask for letter saying youve rang and reconfirming incase of future prob?

lottiesmummy Mon 29-May-06 19:05:54

We had the same rules on our house (built 1996) couldnt change front door, couldnt have sky dish, couldnt park commercial vans outside etc etc... also couldnt run a business from the house...

all these as you said were while the site was still being built to keep it nice for their prospective sales, check with your solicitor to be absolutly sure, if all the houses are sold then the building company wont bother to uphold any of those restrictions

nothercules Mon 29-May-06 19:12:34

We have the same rules for our new house but was told that it didnt include childminding.

EvesMama Mon 29-May-06 19:39:35

oh?, will have to tell them when we speak, thing is house move is murder at minute, so dont really want to ring them, but thankyou for your advice..we bough a new house in 1997 and same applied re:cutting grass and even sky dish i think..but obv there up everywhere now..so will let them no..hope it works out for them!

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