Why would you chose to complicate things when so many properties have no such condition attached?
Tenant running holistic therapy business without permission
- Thread starter Mowelb
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Baby boomer
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You have just upended centuries of contract law!!!
Many, many contracts have implied terms. Ever hear of custom and practice? There are terms that are implied by law, either statute law or common law, in many types of contract. Employment law would be a good example, but there's many others too.
I'd suggest you read through a few planning decisions over the years. The majority of properties have no condition attached prohibiting commercial activity, indeed how much of our housing stock was built prior to the planning system coming into force?
I'm guessing you're confusing a condition that is now commonly applied to all domestic developments with a garage. Most if not all LAs will attach a condition requiring they be used for domestic and private purposes only. My current home has such a condition, it applies to the garage only, my last property didn't have a garage and had no such condition, though the freehold did prohibit the keeping of chickens.
Also, you need to understand that incidental commercial activity in a residential setting is perfectly legal. If incidental commercial activity was prohibited, having so many people working from home wound be a problem. It is only when the scale of such activity would result in disruption to neighbours that it becomes a concern for the planning authorities.
I do appreciate the difference between having increased vehicular traffic and/or increased footfall through a street to a residential premises and taking the odd phone call or using a laptop to access business documents on the internet inside that same premises. It's the same difference as carrying business documents in a briefcase in your car to and from work with social, domestic, and leisure usage insurance and carrying tools or commercial goods in the boot without commercial insurance.
I admit I am unfamiliar with renting properties and related agreements, but I am familiar with contracts between large organisations, both for commercial and R&D purposes. I'd have been on the project management side both as a client and a supplier. Our legal advisors in both instances would have had the same credo - if it's not in the contract, it doesn't exist; not as a term nor as a condition, not as a deliverable, a responsibility, a penalty, a due date, a working condition or anything else. In other words, what goes in the contract gets measured, other-wise it has no relevance and nothing is ever implied.
newirishman
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They might be applying a little too liberally if the neighbours have an issue
. A typical issue that would give rise to planning intervention is when someone running a child-minding service form their home expands that into more of a daycare service with larger numbers resulting in increased traffic.Do you now appreciate that there is nothing in legislation prohibiting incidental commercial use of a residential property?
I don't get this. Are you suggesting SDP policies offer cover for the value of business documents carried in your private car?
Define "incidental commercial use"? Would that include only using the forge outside the garden shed to shoe horses on Thursdays?
SDL cover includes driving to and from work. Some proposal documents ask that specific question. People driving to and from work may carry briefcases or shoulder bags containing business papers they produced or worked on at home. Who values business documents?
SDL cover includes driving to and from work. Some proposal documents ask that specific question. People driving to and from work may carry briefcases or shoulder bags containing business papers they produced or worked on at home. Who values business documents?
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You can refer to a dictionary for the definition of incidental. It is the local authority who will decide on whether a commercial use crosses the line from incidental to having an impact upon their neighbours.
I'm trying to understand why you brought that up. SD&P cover, as you state includes driving to and from work. The presence of work related documents or tools in the vehicle does not alter that cover. In the event of a claim, with SD&P cover you are excluded from claiming for the value of any work related items, tools or documents.
Update. Solicitor issued termination letter giving termination date of 28th May (120 days) in January. RTB notified. No response from tenant apart from increase advertising videos taken in house, vouchers, offers. Tried ringing/texting to arrange a time and date for handover of keys, meter reading etc; No response. Second solicitor’s letter issued with threat of legal action. No response so far. We have tried once again to obtain landlord insurance to cover this situtation without success. Does anyone know of any insurance companies which cover these circumstances until we can get the tenant legally evicted which can take a further 3 to 6 months if she does not leave on 28th.
Tenant still refusing to leave and still running business from our property. Challenging legality of eviction noticed issued by our solicitor!!! Says she has somewhere from end of August and will leave then if we stop further action. Reluctantly agreed and hope she keeps her word. Failing that we will have to start legal action to have her evicted. Definitely will not rent again.
PebbleBeach2020
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There is zero chance she will be gone. Zero.
She may or may not be gone by end of August. I have no doubt she would like to be gone, the situation is entirely of her making still it cannot be pleasant for her, but her plans to move may not work out.
As I understand termination notice has been issued for 28th May so at this point she is overholding. I would hold off on any further action until end August, what can you do in any case. The obvious quid pro quo is that she not challenge the validity of the notice.
After August I would bring pressure to bear. You say she was a friend. Notify all your mutual acquaintances of the situation, tell her customers that she is running a business from a premises without permission etc.
NoRegretsCoyote
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Have you made a complaint to the RTB? If so, what is the status?
I'm not sure what legal action you can take until the RTB have issued an adjudication order.
Running a business out of a private residence is a change of use and contrary to planning (unless you've specific PP for that use), so you are also legally liable for breach of PP conditions. Termination notice might be the only solution.
Even if you are in a "mixed use" zoned area, you STILL have to apply for PP to use a residential unit for business use. And the LA will almost certainly refuse it if you do apply.
Sconeandjam
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I would not wait. You already know it will just delay the situation. She will not find a place. I wonder if she realises her name will appear on Rtb site once you win the case.
Do not do mediation go straight to adjudication. She has already proven mediation will not work.
Your tenant is the type who think that they know better than the law.
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What do you suggest we do legally. We have a solicitor who is action on our behalf. We have kept Rental Tenancy Board informed at all stages. The law and RTB rules are very specific. If you know of any other action we can take I would be grateful if you could advise us.