‘No trade or business’ on lease

bouicca21

I’m confused - how does the management company fit in?  You are planning to buy freehold and leasehold?  Is the management company responsible for the surrounding estate?  

eddddy

bouicca21 said:

I’m confused - how does the management company fit in?  You are planning to buy freehold and leasehold?  Is the management company responsible for the surrounding estate?  

Yes - the management company is probably responsible for managing the surrounding estate.

And even though the OP will own the freehold and leasehold, they'll probably have to continue paying a service charge to the management company.

eddddy

Ruth03 said:

Thanks - It’s a tripartite lease so we would be the freeholder, leaseholder but then there’s a management company. 

Could the management company take action against us?

You'd have to read the lease to see who the covenant is with, and who has power to enforce covenants.

If the covenant is between you (the leaseholder) and the management company, and the lease gives the management company the right to enforce covenants - then they could take action against you.


(But just to be clear - the existence of a management company doesn't automatically mean it would be a tripartite lease. It could be a lease between 2 parties [freeholder and leaseholder] with a management company that isn't a party to the lease.)

Murphybear

sheramber said:

It is not merely baking in a domestic kitchen.  There are restrictions on kitchens used for preparing food. You need to register with Environmental Health who will inspect the premises. 

Sorry to jump in but I have some very recent experience which may help.

 If you are preparing food for others you must get a certificate for food hygiene and safety such as the one by Hi Speed Training Level 2 Food Hygiene and Safety for Catering.  This is done online and involves an online assessment.  It costs £20 + VAT.  

If you prepare food regularly such as 2/3 times a week then you have to tell EHO.  Whether they inspect your premises I do not know.  I have just done this course as I am involved in preparing food once a week for pensioners in a communal lounge so we did not need to inform EHO.  

The course is mainly designed for people who work for restaurants, catering companies, care homes or hospitals for example but there is a lot that is very relevant for people in our situation such as food handling, hygiene etc plus a lot of information about bacteria and food poisoning which I found interesting.  There is also an excellent section on food which contains allergens and there’s an excellent poster on the main 14 which you should advise people on.

Apologies if you know all this 

ps I was stunned to learn that 1/40,000 of one peanut can kill someone