Should you let a tenant run a business from home?
More and more people are working from home. However, there is a difference between working an occasional day at home instead of in the office, and starting a full-time trading business from home. The latter can save the business owner large amounts of money – important for start-ups. But are there implications for the landlord if the property is rented?
Permission is required from the landlord
If your tenant intends to run a business from your residential property then he or she must get your permission. A tenant can seek (and gain) your permission even if the tenancy agreement prohibits business use.
Check your mortgage
Most mortgages require that use of your property remains “only residential”. Others allow use to be “primarily residential”.
“Primarily residential” means that at least 60% of the property should be used for residential purposes.
If you allow your tenant to run a business from your property, you may be breaking the terms of your mortgage.
What type of business
Ask your tenant what kind of a business he or she intends to run. You should understand the exact nature and scope of it.
Some businesses cause significant wear and tear or require structural changes.
For example, the second bedroom may not be a suitable place to store large quantities of corrosive liquids. Metal working equipment may need to be drilled into the floor.
On the other hand, computer based service businesses, such as website development or translation services may require no changes and not result in any greater wear and tear.
Consider whether the tenant’s business will cause nuisance to the neighbours.
Will customers visit the property? Does the business involve music or loud noise? Or sports training?
Are there enough parking places for anyone else who might come on to the property? Is an increase in traffic likely to annoy neighbours?
You may need to obtain planning permission for the tenant to run his or her business as intended. For example, some outdoor structures, even if moveable, require permission to erect.
Considering changing the terms of the tenancy
You might consider increasing the rent of the property to cover the additional use. You might insist that the tenant obtains business insurance.
More importantly, if the property is significantly used for the business, then a residential tenancy agreement may no longer be suitable. The situation may require a business lease instead. Without one, your tenant might have far more rights (particularly in circumstances of non-payment of rent).
Another consideration is whether business rates become applicable to the property. If so, it is you who will be liable for them.
It is unlikely to be convenient to let a tenant run a business from your property
For most landlords, there are simply too many risk factors, even if the mortgage allows a business to be run from the rented property. It is simply safer not to let a tenant run a business, especially with little upside and so much potential downside.
If you refuse to allow your tenant to start working from your property and he does so anyway, then you can start the eviction process.
Please note that the information provided on this page:
- Does not provide a complete or authoritative statement of the law;
- Does not constitute legal advice by Net Lawman;
- Does not create a contractual relationship;
- Does not form part of any other advice, whether paid or free.
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