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buying on a new build development; what would happen if we ignored some of the small contract clauses, hypothetically?

34 replies

bamboobutton · 03/10/2013 10:13

there are some small clauses in our contract, things like:

no caravans on the driveway
no fence at the front of the property
only 1 car parked on the driveway(massiveHmm)
no satellite dish without permission
keep the garden presentable

little things like that.

sooo, once it's all completed and keys handed over what would happen if we ignored all the small silly stuff and had a whopping great caravan on our drive and 3 cars and let the garden run riot?

what can they do, fine us? kick us out?

not saying we are going to any of the above, im just wondering what would happen if we did.

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goodasitgets · 05/10/2013 17:33

Mine has some Sad
No pets, no washing allowed to hang out... And some more that I can't remember

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soundedbetterinmyhead · 05/10/2013 20:32

We've got a 'no washing out at the weekends' one. Everyone ignores it, of course. Also no chickens - although other animals are apparently OK. Weird. Our house built in late sixties (by someone with a grudge against chickens)

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thereinmadnesslies · 05/10/2013 20:53

We live on a newish estate with restrictive covenants. But ours we only valid for 10yrs - is there a term on yours? One of the rules was no commercial vehicles to be parked on driveways or the street. This has been totally ignored by most of my neighbours, and tbh I can't see who would be bothered to enforce it.

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RhondaJean · 05/10/2013 20:59

Do you have a factor on Thr estate for any communal areas? We do and Thr factor enforces the rules. If you do something anti rules and a neighbour complains they write to everyone and eventually they would visit you and remove the offending item. And bill you for the privilege.

Ours include no chicken or ducks to be kept and nothing to be fixed to the buildings.

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PottyLotty · 05/10/2013 21:33

No ihatethecold , we cant hang washing out on a sunday but I do along with everyone else although I have been known to use this as an excuse on occasions for not doing the washing Wink

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dawntigga · 06/10/2013 08:43

What your solicitor said and if you have a maintenance company looking after communal areas the directors of the company can also take you to court. I use to work for a management co that looked after maintenance companies, I once had to send a letter because somebody had put a 6 inch white picket fence up around some grass, I shit you not!

If you do have a maintenance company get on the board, the people that are attracted to these roles in my EXTENSIVE experience tend to be right jobsworths with the voice of reason being very much in the minority.

WouldNotBuyAHouseWithAMaintenanceCompanyTiggaxx

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RocknRollNerd · 06/10/2013 14:52

What Tigga said, friends have recently moved to a development and one of the residents is extremely keen on enforcing ALL covenants down to the letter. It's come as a bit of a shock as all the other residents were of a similar mindset to you that it's all 'live and let live' and they don't really matter but it just takes one one resident to want them enforced and the management company have to act.

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bamboobutton · 06/10/2013 15:01

unless the developers are also the management company then, no, there is no management company. ive not seen any mention of one in the incomprehensibly worded contract.

developers wont change the covenants so our solicitor is requesting a side letter to say we can have more than 1 car on the drive.

the fences we will have to pay the developers for permission, a bit like planning permission.

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ObtuseAngel · 06/10/2013 15:18

I have a restrictive covenant on my dining table which I have ignored with no problems.

If there is no management company then you should be ok, you might be very unlucky and have a neighbour who wants to keep the terms of the covenant, but without a management company they would have to use their own money to take you to court to enforce the terms and, frankly, if they are that barking they will be troublesome with or without a covenant. Our last flat in London had all sorts of restrictive covenants and a management company and the only thing that was ever actually enforced was not being allowed to hang things on or from a balcony.

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