+1Issue a termination notice.
Thank you very much for your helpful reply. I have been reading the RTB site and it appears to give the tenant all the rights and landlord very few. would this come under ruling of “ tenants responsibilities “This would worry me if I was the landlord. You may not like what you hear.
Personally I would not allow a tenant to carry out any commercial business from a house. If I found out I would give a notice to stop or the lease would be broken. See what you have written in your contract and if there is a line saying no commercial business allowed. Take a screenshot of the advertisement and date and time it.
From your post above you knew they had a holistic business before they moved in. If you want to keep the tenant then write a letter to the tenant that they need to rent a premises away from the house and not run a business from a residential property. They can rent a please in a salon. If they continue then give notice.
This is a big risk to you if here is a fire or damage. You knew they had a business and they could possibly be using your property.
Your landlord insurance might be void. You may have called the insurers and disclosed this. If the tenant has a fire and the insurers find out that a business was run from the house they may not pay out. The tenant would move on and then you have to find the money to repair it.
The neighbours might complain to your or the council if her business takes off. You need to apply for change of use to commercial premises and all that includes water rates, land rates etc. There is a cost involved and more than likely the neighbours may refuse.
Do you know if they have insurance? If someone walks in the house and trips while visiting the tenants business the may sue the person but they will definately will try you if the person does not have insurance. Big headache for you not your tenant.
16.—In addition to the obligations arising by or under any other enactment, a tenant of a dwelling shall—
( m) not use the dwelling or cause it to be used for any purpose other than as a dwelling without the written consent of the landlord (which consent the landlord may, in his or her discretion, withhold),
1. The tenant has failed to comply with any of his or her obligations F85 [ (other than the obligation to which paragraph (a) of section 16 applies) ] in relation to the tenancy (whether arising under this Act or otherwise) and, unless the failure provides an excepted basis for termination—
( a) the tenant has been notified F86 [ in writing ] of the failure by the landlord and that notification states that the landlord is entitled to terminate the tenancy if the failure is not remedied within a reasonable time specified in that notification, and
( b) the tenant does not remedy the failure within that specified time.
That's a bit odd. If it's a normal notification of tenancy I don't think the contract matters really, the periods in the Residental Tenancies Act are binding.According to our solicitor because we did not specify a notice period in the contract. She is a friend so we did not think there would be problems!!!
It's not up to you to decide, it's up to the planning authority.Personally I would not allow a tenant to carry out any commercial business from a house.
Hardly surprising. You cannot get commercial insurance for premises zoned as residentialWhen tenant moved in 2 years ago we tried to get landlord insured which would cover her to carry out her holistic therapy business from the property. We could not get any.
No, the property owner gets first say in these matters. Just because the local authority might allow it doesn't mean the property owner has to accept that.It's not up to you to decide, it's up to the planning authority.
Thousands of such businesses operate across the country without that planning (including the example that is the subject of this thread), so while in theory the LA get a say, the primary authority is the landlord. Ruling out commercial activity in the lease would overrule the LA's role in granting permission.No, the landlord cannot decide to allow commercial use of a residential property unless the property is rezoned for commercial use by the LA.
And vice versa. Or mixed-use decisions
All the lease needs to say is "agreed use in compliance with LA planning decisions, copy attached"Ruling out commercial activity in the lease would overrule the LA's role in granting permission.
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