Restrictive covenants and criminal records

[Vanta]

Hello! Any legal people out there who can advise me on restrictive covenants? I am writing a book and would like to have a character live in a house with a restrictive covenant that effectively renders her homeless if she gets a criminal record. Is that possible? Thanks so much in advance.

It’s relatively common for housing authorities in some US states to have covenants which bar somebody from tenancy if they have or obtain a criminal conviction for certain offences (generally drug and sexual offences), though they aren’t without legal challenge. UK-wise, the Appeal Court ruled in 2008 I believe that being convicted of certain offences (again, generally drug and sexual offences) could be a reason for a registered social landlord or private landlord to seek eviction or transfer of tenancy, although again, it’s not an automatic or simple process.

The legal enforceability of restrictive covenants on properties are assessed on proportionality, who benefits, and the purpose of the covenant. It’s very unlikely a blanket covenant that the occupier must not have any kind of criminal conviction would be enforceable.

Thanks for taking the time to reply. It is set in the UK. I’ll think on it further. It’s not the central plot so not a huge deal if I can’t use it but it would be a nice extra pressure point.