landlord saying I cant ebay from flat?? help!

Wickedkitten

What a nosy get of a plumber to go to the letting agent and tattle on you.

mlz1413

The way you live is up to you as long as you pay the rent and keep the property in good order. If your boxes are causing problems like mice or insects then it would be a different matter.

Your agent must give you a date, time and reason for visit in writing, advising they will visit 'ad hoc' is not good enough and if they have recently been made to make changes then the governing body that make them do it needs to be informed of this breach.

GM made a great post and I would definately write to the agents recorded delivery.

If you are ebaying clothes as you know your collection is too big then carry on, everyone is allowed to have a clear out and the agents should welcome this if they feel that too many clothes are held there. Ensure you don't sell to the point of being a trader.

If the agents persist on this line ask them for their evidence.

ruggedtoast

If you're running a business from a residential address you have to apply to the council for a change of designation. It then effectively ceases to become a residential premises and cant be insured as such.

Most landlords would balk at this, however if you're not VAT registered and you're just trading a few bits and bobs on ebay I cant see that its any of their business.

Wickedkitten

The only reason that I can think why it would be a problem is because it would be breaking the terms of the mortgage in most cases, however she's not got a business runnning out of the house, so it doesn't matter

sharpee

How do they know you have too many clothes? Surely everyones clothing collection is different but I was wondering how they knew the amount of clothes you have without visiting your property and going through your wardrobes?;)

I ebay quite a few bits, can be up to 100 items a year, but there all personal items that I'm just having a clear out of. I don't consider it to be a business as I don't buy with the sole purpose of selling on.

maninthestreet

Do they know your ebay id? Challenge them to produce a list of both completed auctions on Ebay that they claim you sold, and current auctions that they claim you have submitted.

adg1

There will probably be two clauses in your contract - 1 stating that you can't register a business at the address and the 2nd being that you can't run a business from the address.

The first is to do with business debts. Any debts you run up with your business can't be held against the house as the house isn't yours. To get around this you'd get yourself a PO Box at your local post office.

The latter (and the 1st to some degree) is generally to do with both building designation and insurance thereof and the general comings and goings associated with running a businesss.

Trading on Ebay is not a business unless you are registered LTD, have a registered business premise etc. In you instance you are not a business, just an individual who buys lots of clothes and sells on what is not required.

Do exactly as G_M says above that was a great piece of advice.

The property has to stay as a residential address so the landlords insurance stays the same. Business rates etc are payable if the use changes.

I'd guess your LA is simply reading the TA to the letter and views your ebay sales as generating an income which they aren't, certainly in the volume you seem to use Ebay.

martindow

adg1 wrote: »

Trading on Ebay is not a business unless you are registered LTD, have a registered business premise etc.

No, as you could be running a business as a sole trader for example.

In this case there is no business because stock is not being bought with the intention of selling on at a profit.

sweetnothings

Hi again and thanks again to everyone who has advised and commented, just to update...I have phoned trading standards and they have confirmed informally that people who sell their own items which are now surplus to requirement and who are not registered as a business on ebay are NOT classed as running a business so they dont see how they could make an issue out of this in terms of breaching tenancy contract. The CAB advised me to reply in stating this in writing via recorded delivery so I will definately take your recommended responses on board, thanks again!
I had to briefly speak to the agency today to say I would not be in when they had 'told' me to be (grrr!) and surprise surprise the manager (of the letting agency) who is never available when I want her suddenly wanted to speak to me. I said briefly that I would be writing to her and that I was just selling personal items on ebay so she changed her tune to 'you have too many things in your flat, it is a fire hazard' now....... as someone mentioned previously what and how much stuff I have in my flat is surely up to me (its not as if its floor to ceiling piles of stuff) although in my spare room there are a few neatly piled boxes of my own things. I really feel like they are causing problems as a 'revenge' tactic since they have been caught out by the council not being up to scratch which considering its supposed to be a business is really rather petty! rant over for now ) will keep you informed!

Wickedkitten

When you do write them, make sure you put in a bit about how will be getting in contact with shelter because you feel what they are doing is harassment that is interfering with your quiet enjoyment of the flat.