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Nearby house is now a holiday let

(13 Posts)
SimonsPies Sat 22-Apr-17 13:05:32

NC for this. We live in a small gated development. When we bought our houses we all signed an agreement relating to matters concerning the development. One clause was that the houses may not be used as holiday lets. One of the houses has now been sold on and guess what, it's a holiday let on Airbnb.

I've contacted the developer who is still running the 'management company' to ask for his opinion (and just possibly he gave permission for this, though I doubt it).

I'm not happy about this for various reasons and am wondering where we stand. Can anyone advise? Thanks.

SimonsPies Sat 22-Apr-17 19:08:07

Bump.

mrsmalcolmreynolds Sun 23-Apr-17 13:10:05

I'm not a property lawyer but I'd guess what action is available will depend on what sort of legal agreement sets out the prohibition on holiday lets. If it is a covenant on each owner's title to their property then that will be on the land register which I would also expect to have details of who has the right to enforce the restriction. If it was a freestanding contract then you'll need to look at that document to see who has the right to do what in terms of enforcement.

SimonsPies Sun 23-Apr-17 14:19:44

Thanks. I'll look further into what exactly we signed.

babybarrister Tue 25-Apr-17 18:45:26

There is another angle which is that if there is a mortgage it is very unlikely that they have given permission - you can find out if they have a mortgage and who with by doing a land registry search

SimonsPies Thu 27-Apr-17 11:49:44

Thanks. I suspect they might have been cash buyers but will search. One neighbour who has all the paperwork (I do but not sure where) is back next week and we'll take it further. Can imagine trying to sell my house and being asked who lives next door. And all the cars in the summer when large groups come. Sigh

SimonsPies Thu 27-Apr-17 15:51:36

No mortgage. But the covenants and restrictions apply. It may not be used as a holiday let. What do I do? The developer (who I believe still runs the management company) hasn't replied to my email.

Movingin2017 Fri 28-Apr-17 06:47:52

Letter through the door with a copy of the title first of all highlighting the covenant aand politely requesting that they stop or you will take further legal action.

Collaborate Fri 28-Apr-17 07:45:49

Look at the deeds to your property. Does it refer to your property benefitting from those covenants? What property benefits from the covenants in your neighbour's deeds?

I think you need to make an appointment to see a property litigation solicitor to see if you can enforce the covenant. The threat of litigation may be enough to cause them to stop the holiday let.

Check your house insurance for legal cover.

SimonsPies Fri 28-Apr-17 18:09:27

Not sure I understand Collaborate. All properties in the development have the same covenant I think.

Collaborate Fri 28-Apr-17 18:31:30

Covenants usually bind land A so as to benefit land B. Only the owners of land B can enforce the covenant against land A. So it's important that you find out who the covenant benefits. It will usually say "so as to benefit ......etc" (defining the land to benefit). If it is a covenant that benefits only the developer then only the developer can enforce it.

SimonsPies Sat 29-Apr-17 07:42:22

Ah I see thank you. I will check.

VeryPunny Sat 29-Apr-17 07:51:10

Your council may be able to help if the holiday let consistently proves to be a nuisance (loud noise, parties, late arrivals etc). There's a spate of this kind of thing happening (recent article in the Guardian) and I know that Berlin amongst other places has started cracking down hard on Airb&b partly for this reason, also because these places don't have to have any of the relevant fire certificates etc.

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