Covenant in lease saying private residence only..no trade etc

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    Covenant in lease saying private residence only..no trade etc

    Hello all,

    I live in a leasehold massionette.

    The tenant hereby covenants with the landlord as follows:-

    ...

    to use the demised premises as a private residence only and to carry on thereon or therein or in part thereof any trade business manufacture or profession whatsoever


    ...

    Is there any information any where or does any one have any advice as to the scope of this. For example my partner is a teacher..does this means she can't do marking or work in the evenings / holidays as this is her profession?

    Can I not do my paperwork etc as a landlord?

    Any advice appreciated.

    #2
    Apart from the missing "not" these sort of activities are not excluded as the business is not "carried on" at the premises, it is simply marking studying preparation etc. If however you were a clog dance teacher and insisted on rehearsing routines you might be caught under general clauses on nuisance etc.
    Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

    Comment


      #3
      Yes sorry a typo "not" was in there..so if I work for myself as a landlord and use the flat as an office (no advertising, no clients etc) that is or isn't permitted? Would my registering a company at the property, again with my using it for an office..no clients be okay? It is a ltd property development company. A ltd is the way my accountant said I should work..so it would be based and registered at flat but "work / business" would be on a building site else where

      This could apply to any self employed person..a plumber etc...are you saying that providing no clients come or products are made etc then clerical / office based business work is okay?

      If I was an accountant that had clients coming to visit me I would be stuffed I guess?

      Comment


        #4
        Well you said paperwork as a landlord and against that is permitted. However if this is your de facto office it is a question of fact and degree. The simple processing of paperwork might not, however large volumes of mail deliveries and activity from printers faxes and constant telephone rings would tend toward the business being operated in the flat as opposed to where most of your business is conducted.

        Most often these are considered in nuisance terms as to how it affects others but registering your company and office at that address can flag up on various databases and some can argue on principal no matter how pointless that might seem. I suggest a mail box or serviced office for that and how many calls or callers collecting keys collecting inventories etc, you might have that might attract attention.
        Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

        Comment


          #5
          Hi,

          Many thanks for your reply. It's helped me and given me somethings to think about.

          Comment

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