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24-10-2011, 05:24 PM
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Breach of Covenant Indemnity Insurance
We had a detached bungalow annex built for my father in 1998, my father died in 2000 and from 2002 we let out the annex. We are now in the process of selling our house and the buyers also wish to let out the annex but their solicitors are saying that because we entered into a 106 agreement with the Local Authority the annex should not be let out to a third party. As we have been letting out the annex for the last 9 years without any notices of enforcement would a Breach of Covenant Indemnity Insurance Policy be the appropriate way forward.
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25-10-2011, 10:08 AM
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Re: Breach of Covenant Indemnity Insurance
I am not sure this would work because it is not a normal restrictive covenant but one related to planning enforcement and I suspect indemnity insurers would be more wary in giving cover. The solicitors involved will have to put the point to indemnity insurers and see what they say.
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RICHARD WEBSTERwww.rwco.co.uk As a conveyancing solicitor I want to be helpful (England/Wales only) but can't accept liability for this.
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