Problem Property Specialists

Sell your house with a breach of covenant

A restrictive covenant breach makes your property difficult or impossible to sell on the open market - most mortgage lenders will not lend on it. HouseBought4Cash buys properties with covenant issues for cash, so lender restrictions do not apply to us.

No chain, no fees, no waiting for a buyer who can secure a mortgage. Get a cash offer within 24 hours and complete on a date that works for you.

Free assessment. No obligation. No fees.

Types of covenant issues we handle

Unauthorised extensions

Extensions built without the consent required under a restrictive covenant, even where planning permission was obtained. Common in properties on former estate land where the developer retained covenants.

Change of use breaches

Properties converted from residential to mixed-use, or houses converted to flats, where the original covenant prohibited such changes. These can affect entire roads or estates.

Business use restrictions

Running a business from a residential property in breach of a covenant restricting use to private residential only. Common where a home-based business has operated for many years.

Building without consent

Outbuildings, garden rooms, or other structures erected in breach of a covenant requiring consent from a third party (often a neighbouring landowner or management company).

Alterations without approval

Internal or external alterations (cladding, roofing changes, window replacements) made without approval required under a lease or freehold covenant.

Boundary and fence breaches

Failure to maintain boundaries or fences as required under a covenant, or building on land in breach of a covenant about keeping land open.

Why covenant breaches make properties hard to sell

Most mortgage lenders will not lend on properties with unresolved covenant breaches, removing the majority of buyers from the market

Buyers who are aware of the breach may worry about future enforcement action or the cost of remedying the breach

Solicitors are obliged to report covenant breaches to their clients, often causing buyers to pull out even where the practical risk is low

Getting the covenant discharged or modified through the Upper Tribunal can take years and cost thousands of pounds

Indemnity insurance may be unavailable or unacceptably expensive for recent breaches or where the covenant holder is known and active

As a cash buyer, none of these obstacles apply to us. We assess the specific covenant breach, factor in the risk, and make you a straightforward cash offer. We handle the legal complexity so you do not have to.

Get a cash offer for your property today

Covenant breach or not - we assess the property on its merits and make a fair cash offer. No fees, no chain, no complications.

No obligation. No fees. Cash offer within 24 hours.

Frequently Asked Questions

Breach of covenant - questions answered

A restrictive covenant is a legal obligation that limits how a property can be used or what can be built on it. Common examples include restrictions on building extensions without consent, prohibitions on commercial use, requirements to maintain boundary fences, and restrictions on subdividing a property. A breach of covenant occurs when a property owner has done something that contravenes one of these restrictions - for example, building an extension without the consent of the covenant holder, converting a property to flats when this was prohibited, or operating a business from a residential property. Breaches can date back decades and may only come to light when a property is sold.

Yes, you can sell a house with a breach of covenant, but it can be very difficult to sell on the open market. Most mortgage lenders will decline to lend on a property with an unresolved covenant breach, which effectively rules out the vast majority of buyers. This is because the covenant holder could theoretically take legal action to enforce the covenant, including requiring the breach to be remedied. Cash buyers are not subject to mortgage lender restrictions and can purchase properties with covenant issues, either taking on the risk themselves or arranging indemnity insurance. HouseBought4Cash regularly purchases properties with covenant breaches.

Indemnity insurance is a one-off insurance policy that protects the buyer (and their mortgage lender) against the financial consequences of a covenant breach being enforced. It does not resolve the breach - it just provides financial protection if someone takes action. The cost is typically 200 to 1,000 pounds depending on the property value and nature of the breach. As a cash buyer, we may arrange indemnity insurance as part of the purchase. For breaches that occurred many years ago and where the covenant holder has not taken action, indemnity insurance is often relatively straightforward to obtain.

A restrictive covenant is a private legal agreement between landowners that limits how property can be used. A planning breach (or breach of planning control) is a failure to comply with planning law or planning conditions imposed by the local authority. Both can affect a property's saleability. Planning breaches become immune from enforcement action after a certain period - 4 years for operational development (building work) and 10 years for change of use. Restrictive covenants can theoretically be enforced indefinitely, though in practice the risk of enforcement diminishes significantly if the covenant holder has not taken action for many years.

On the open market, a property with a covenant breach can take many months or may never sell, as mortgage lenders are reluctant to lend on properties with unresolved breaches. Selling to a cash buyer like HouseBought4Cash, we can assess the situation quickly and typically make an offer within 24 hours. Completion typically takes 2 to 4 weeks once an offer is accepted, as we can proceed without mortgage lender approval and handle the legal aspects ourselves.

We Understand This Is a Difficult Time

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