Lease Agreements and Child Minding

PabloSadlo

Good evening all,

I was wondering if anyone could provide any advice on the following. My partner was hoping to start a child minding business so she started going down the required channels in setting this up. She hit a bump in the road when we were told that she would have to check that her lease agreement within the property would allow it. Subsequent to this we were told that her current lease agreement would prohibit it, to which I quote

Not to use the premises nor permit the same to be used for any purpose whatever other than a private residence in a single occupation only nor for any purpose from which a nuisance can arise to the owners lessees or the occupiers of the premises in the neighbourhood

With this in mind, have we reached the end of the road with the pursuit, or would there be other avenues in which we could contest the lease agreement, or even make an amendment to it (at a cost, I would assume)?

Any advice small or large would be greatly appreciated, we never envisioned being in such a predicament but are unsure of which direction to head next.

Thanks for taking the time to read!

ognum

PabloSadlo wrote: »

Good evening all,

I was wondering if anyone could provide any advice on the following. My partner was hoping to start a child minding business so she started going down the required channels in setting this up. She hit a bump in the road when we were told that she would have to check that her lease agreement within the property would allow it. Subsequent to this we were told that her current lease agreement would prohibit it, to which I quote



With this in mind, have we reached the end of the road with the pursuit, or would there be other avenues in which we could contest the lease agreement, or even make an amendment to it (at a cost, I would assume)?

Any advice small or large would be greatly appreciated, we never envisioned being in such a predicament but are unsure of which direction to head next.

Thanks for taking the time to read!

Leases are set up for the benefit of the freeholder and the other leaseholders.

I am afraid I can see multiple reasons why a childminding buisness would not be suitable for a leasehold flat if that's what you have.

Extra traffic dropping off and collecting children
Noise for those on either side or above and below
Wear and tear on common areas
Do you have your own garden or would they play in a communal garden
Insurance issues

If your child minding buisness was allowed what other businesses would you allow?

I think you will not get the lease amended, I have attempted to get leases amended prior to purchase and have not succeeded with anything really material. I did get one amended for me but the freeholder insisted it would revert back if or when the flat changed owners.

PabloSadlo

ognum wrote: »

Leases are set up for the benefit of the freeholder and the other leaseholders.

I am afraid I can see multiple reasons why a childminding buisness would not be suitable for a leasehold flat if that's what you have.

Extra traffic dropping off and collecting children
Noise for those on either side or above and below
Wear and tear on common areas
Do you have your own garden or would they play in a communal garden
Insurance issues

If your child minding buisness was allowed what other businesses would you allow?

I think you will not get the lease amended, I have attempted to get leases amended prior to purchase and have not succeeded with anything really material. I did get one amended for me but the freeholder insisted it would revert back if or when the flat changed owners.

Thank you for your response!

It's a house within a Close. We have our own separate back Garden however the front is a shared communal car park. The house were in is a part owned house, with 25% being in my partners name.

I would assume the plot of land was purchased by the housing association so the lease agreement is a shared one with other occupiers on the close?

My dispute is that my partner would only ever look after 2 children at the address therefore looking at it from a completely logical view point surly it would be no different to a family living on the close with dependants. With this in mind, would you think it would be worth asking for the amendment in the lease?

freeisgood

It does seem unfair. We had a childminder who was in a ground floor maisonette. Seemed to work fine. She only ever had two kids to look after at a time.