I WAS pleased to see the story titled Resident wins battle over covenant money on October 25.
The Oxford resident was successful in challenging Oxford City Council over a demand for £30,000 to release a covenant that effectively prevented him from building a house extension. Although after negotiations the bill was first reduced to £10,000, later, after complaining to the local government ombudsman, the bill was finally reduced to £2,000, a reasonable result for all concerned.
I had a similar experience. The council tried to hit me with a massive bill for releasing a covenant preventing building work that already had full planning permission.
Negotiations with the council’s legal department were difficult – they settled on a figure around £11,000 and I was reminded they effectively had me ‘over a barrel’ and could charge what they liked. After putting the issue in the hands of my legal representative, the price soon reduced to £3,000 plus their legal fees, which my representative thought were extremely high for the amount of work council lawyers had done.
Not wishing to prolong my stress, I reluctantly paid up.
Anyone who bought their council home under ‘Maggie’s right-to-buy scheme’, or have extended an ex-council property, should be concerned. These covenants were routinely attached and the council could invoke them when they want to.
Their legal department has access to all past and present planning applications, so be warned.
The only way you can protect yourself from the covenant being invoked is to take out a one-off payment for insurance cover, which I understand costs around £600, so it would be wise to check your deeds.
ALAN KERRY Newman Road Littlemore Oxford
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