wall of text, tough spot, threat of legal actions.

Makapaka

Thanks for all responses guys. Much appreciated. I understand your arguments but I'm struggling to comprehend how my "business" is different to taking money from a lodger, in both scenarios I'm using the same license/contract so terms and conditions of the tenancy are the same.

Talc1234

Makapaka wrote: »

Thanks for all responses guys. Much appreciated. I understand your arguments but I'm struggling to comprehend how my "business" is different to taking money from a lodger, in both scenarios I'm using the same license/contract so terms and conditions of the tenancy are the same.

Because taking a lodger is not perceived as being a business, but running a b&b is.

Because other residents wont object to the familiar face of a lodger but may be unnerved by a number of new faces from your B&B in shared areas.

Because you would only probably have one lodger but more than one house guests as a B&B so potentially more noise.

If you want to run a B&B then you might be better off buying a house

Makapaka

Talc1234 wrote: »

Because taking a lodger is not perceived as being a business, but running a b&b is.

Because other residents wont object to the familiar face of a lodger but may be unnerved by a number of new faces from your B&B in shared areas.

This all might be true but how does the legal side is different, the contract/license is the same in both scenarios.

Talc1234 wrote: »

Because you would only probably have one lodger but more than one house guests as a B&B so potentially more noise.

I don't agree with that at all. Huge majority if not all of my guest ware very quite and respectful and most of their time they are in the city.

Also can they demand to "remove the adds imidiatelly"? The ad itself is not illegal. Is it?

Makapaka

junglejame911 wrote: »

I'd say your fortunate your landlord is so lenient. There are probably numerous laws broken here as well (registering business, health and safety, income tax declarations etc etc). Might be a good idea to heed their request.

This all is only assumption. Tax and declaration matters are in order, I'm not sure about health and safety but as far as I know there is not much to do in this scenario.

rpc

Makapaka wrote: »

This all might be true but how does the legal side is different, the contract/license is the same in both scenarios.

Do your visitors use the flat as their main residence?

Do you provide anything beyond accommodation (e.g. breakfast/laundry)?

Do you advertise on holiday accommodation sites or residential lodger sites?

Those might be indications that you are running a business and not gett lodgers. Ultimately, the decision would be made looking at the context of what is happening and not just the contract/licence that is in place. The wording and placement of your adverts (which we don't know) would be part of this.

Adding in walls is a clear breach that is hard to argue with.

If you believe that your lodgers are not breaching your lease, you should objectively justify your arrangements with reference to the lease and the licence agreements. Then invite the LL to highlight where they think the breach has occurred.

They view it as a mini-hotel. That type of activity is usually prohibited under other terms. Something must have given them that idea, if it is not the case then you need to explain why. I get the feeling your adverts might have planted that idea - if you are advertising on holiday accommodation sites and not on residential lodger sites then that reinforces the notion that you are running a business - with an awful lot of regulations on top that you have probably ignored. The contract may say lodger, but the context lead anyone (including a court) to conclude you are running a mini-hotel.

Take this seriously and don't go in a fluff about "your rights". A court is more likely to look at this from a "big picture" perspective than take a blinkered approach to leases and licences. Context, context, context.

Handle it badly and you could lose your home.

The ad itself is not illegal

The advert indicates intent and context. Why would you advertise a service if you could not deliver it without breaching your lease?

Pixie5740

Makapaka wrote: »

This all is only assumption. Tax and declaration matters are in order, I'm not sure about health and safety but as far as I know there is not much to do in this scenario.

Have you looked into the health & safety responsibilities of running a B&B?

You need to contact your local fire authority to inform them you will be running a B&B and carry out a risk assessment. I'm not sure how safe your stud partition wall would be in the event of a fire.

If you have gas appliances these should be checked and tested by a gas safety registered engineer annually.

There's also kitchen health & saftey to consider with regards to food storage and handling.

Something else to consider is that if you are running a business from the property then you could be liable for business rates as well as council tax.

paddyrg

Can they do this? Yes, they can. It's a part owned property, it's their place, their rules. Probably not worth getting into conflict over.