Q&As

A four-bedroom property is subject to a restrictive covenant requiring it to be used as a single private dwelling. Would conversion of the property into a seven bed house multiple occupation (HMO) be a breach of the restrictive covenant?

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Published on LexisPSL on 18/11/2016

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • A four-bedroom property is subject to a restrictive covenant requiring it to be used as a single private dwelling. Would conversion of the property into a seven bed house multiple occupation (HMO) be a breach of the restrictive covenant?

This Q&A focuses on the definition of ‘single private dwelling’ and its interpretation. We have not been able to find any authority which directly addresses the question of whether a house in multiple occupation (HMO) would breach such a covenant. However, you may find the following useful.

In the textbook 'Restrictive Covenants and Freehold Land: A Practitioners Guide', Andrew Francis, the construction of restrictive covenants is outlined, and specifically makes the point

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