Lease query for leasehold maisonette we're buying - opinions?

laurathree

Quick query about our leasehold flat, which we are exchanging on next week (hopefully - we are posting the signed contract today). One of the terms of the lease states:

"You cannot use the flat for any trade of business, or sub-divide it off into smaller living units"

My partner and I work from home on a semi-regular basis. I am a PhD student writing up my thesis, so I doubt this counts, but my partner is a games journalist, and so he's technically working from home if he stays at home to write or to play through a game he's reviewing. He also does occasional freelance, and has made a few games of his own to sell on Xbox Live Indie Games - both of those two activities are technically self-employed, but for tax purposes he's a 'sole trader' for these (almost negligible - less than 1k per annum) jobs.

Now, I don't *think* that sort of stuff counts as a trade, but what do you guys think?

The lease also tells us we can't play our gramophone at an antisocial level, mind, so I'm pretty sure it wasn't written with modern working patterns in mind...

G_M

If you are using a conveyancer, ask their advice, but I doubt you would have issues.

The purpose of these types of clauses is to ensure there are not customers coming/going all the time, or delivery vans loading/unloading, or constant banging and noise (ie the blacksmith shoeing horses).

It is very doubtful the freeholder would even know you were writing a thesis, or a review of a game, and even more unlikely he would care.

I would be more concerned about the risk to your insurance. If your insurance policy had a similar clause, and the house burnet down, AND the insurer found out about the home-working, they might use that as an excuse not to pay out.

But suitable insurance can be found by shopping around (unless the freeholder arranges the insurance.....?)

cattie

I've lived in a few leasehold flats & don't think you have a thing to worry about. Just think how many people in the UK now work from home, whether part time or permanent & live in leasehold properties. Or the self employed people such as those in the building/maintenance trade who have their address & home phone numbers as their contact details.

The type of things a freeholder wouldn't want would be the type of business that had clients coming into the property, say somebody working as a therapist or running a childminding business. Pretty much as G_M mentions, the sort of business that causes annoyance & disruption to neighbours & that would normally be operated from business/commercial type properties.

laurathree

Thanks guys - that is what I thought. I will bring it up with the conveyancer though, just to be safe.

PlutoinCapricorn

It often seems that the people who worry about this are the ones who are ok! I guess that neither of you advertises your address on vans or websites or anything like that, which might attract attention.

I had a neighbour who was a lawyer specialising in young offenders, who often came to see him in his home office. This was a security risk. If you have a lot of stock it might be a fire hazard. Clients who visit and take all the parking spaces and frequent delivery lorries are a nuisance. If you are just writing and working online and doing only what you might do as a private individual, there is no problem.