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Setting up my equipment in an apartment.

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  • 04-05-2013 9:48am
    #1
    Daveysil15
    Closed Accounts Posts: 4,301 ✭✭✭


    So I'm looking for a new apartment in my town. I do a lot of photography and if I can find a place big enough, I'd like to set up a studio for portraits. Nothing major, I wouldn't be bolting stuff to the wall ot anything; just a simple pop up background with a couple of strobes. I'm just wondering would landlords have a problem with this? I've heard the lease has something called a "non comercial activity clause." Granted I wouln't be making any money from it; its just a hobby - although I'd have no way of proving this. Could this be a problem?


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    #2
    Paulw
    Registered Users Posts: 13,381 ✭✭✭✭Paulw


    The commercial aspect of what you do may cause issues. Especially if neighbours see a good few people coming and going.

    The physical aspects of your "studio" shouldn't be an issue. But, maybe finding an apartment with a large enough room might.


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    #3
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    Many leases have a clause stating for residential purposes only. Othere specifically state that no type of business use.

    There may also be a clause in the management companies rules that the apartments are for residential purposes only.

    If you are renting an apartment and move, any advertizing, business cards that you have may be redundant as you will have a change of address and a loss of goodwil for the business.


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    #4
    Daveysil15
    Closed Accounts Posts: 4,301 ✭✭✭Daveysil15


    Paulw wrote: »
    The commercial aspect of what you do may cause issues. Especially if neighbours see a good few people coming and going.

    The physical aspects of your "studio" shouldn't be an issue. But, maybe finding an apartment with a large enough room might.

    Well I'd probably only have people over once or twice a week so I don't think that would be an issue. I work full time during the week, so I'd be just using it at the weekends. My main concern would be the landlord popping over some day and seeing my studio and thinking I was after setting up a business.


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    #5
    P. Breathnach
    Registered Users Posts: 12,089 ✭✭✭✭P. Breathnach


    If it's not a business, then you cannot be found in breach of a clause that prohibits you from carrying on a business on the premises. Pursuing a hobby that involves equipment is a normal residential activity - not greatly different from a television or music enthusiast having a battery of electronic kit.

    The landlord can "pop over some day" only by arrangement with you, so you can have the stuff tidied away if/when he visits. I see no need to conceal it. Having the equipment is not evidence of carrying on a business; you would have to be using it for non-trivial gain (even the taxman takes the view that it is not business to make a little money from a hobby in order to help fund that hobby).


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    #6
    thegreatiam
    Registered Users Posts: 2,869 ✭✭✭thegreatiam


    Daveysil15 wrote: »
    Well I'd probably only have people over once or twice a week so I don't think that would be an issue. I work full time during the week, so I'd be just using it at the weekends. My main concern would be the landlord popping over some day and seeing my studio and thinking I was after setting up a business.

    If you tell them before you enter into a contract then it wont be an issue.
    "im an amateur photographer, Id like to set up part of my living room with lights and cameras. occasionally I may have models over, but Im not running a business from it. its a hobby."


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    #7
    dearg lady
    Closed Accounts Posts: 2,091 ✭✭✭dearg lady


    Honestly I can't see any reason why you need to notify the landlord of this, it's a hobby. I sometimes invite my friends over to watch movies, should I have told my landlord about this before moving in?


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    #8
    wonski
    Registered Users Posts: 13,685 ✭✭✭✭wonski


    thegreatiam wrote: »
    If you tell them before you enter into a contract then it wont be an issue.
    "im an amateur photographer, Id like to set up part of my living room with lights and cameras. occasionally I may have models over, but Im not running a business from it. its a hobby."

    You don't need to tell them anything - it is entirely up to you what you install where, as long as you don't make holes in walls etc
    I rented 2 bed townhouse specifically to use one of the bedrooms as a studio/rehearsal room. Didn't feel i need to notify them that i want to put desk, or stands, even removed the bed from bedroom, as long as i put it back together before i move out there are no issues.
    Landlord was here twice, seen the bedroom and had no problem with that - as long as you pay on time every month they are happy.


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    #9
    Daveysil15
    Closed Accounts Posts: 4,301 ✭✭✭Daveysil15


    dearg lady wrote: »
    Honestly I can't see any reason why you need to notify the landlord of this, it's a hobby. I sometimes invite my friends over to watch movies, should I have told my landlord about this before moving in?

    That's hardly the same thing. I'm talking about setting up a lot of equipment where there could be potential to make money. Do you charge your friends to watch movies with you?


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    #10
    wonski
    Registered Users Posts: 13,685 ✭✭✭✭wonski


    Daveysil15 wrote: »
    That's hardly the same thing. I'm talking about setting up a lot of equipment where there could be potential to make money. Do you charge your friends to watch movies with you?

    You said in first post you won't make any money:confused:
    So are you going to make money, or not?


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    #11
    Daveysil15
    Closed Accounts Posts: 4,301 ✭✭✭Daveysil15


    wonski wrote: »
    You said in first post you won't make any money:confused:
    So are you going to make money, or not?

    I said in my last post that there is potential to make money, not that I will be. The landlord may think I'm making money from it.


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    #12
    dearg lady
    Closed Accounts Posts: 2,091 ✭✭✭dearg lady


    How would the landlord know unless you told them tho? :confused: Honestly, you can complicate the situation as much as you like, it's no skin off my nose!


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    #13
    Daveysil15
    Closed Accounts Posts: 4,301 ✭✭✭Daveysil15


    I'm not trying to complicate anything. It was a simple question. I'm not sure why you'd mention watching movies with your mates - that's completely different.


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    #14
    wonski
    Registered Users Posts: 13,685 ✭✭✭✭wonski


    Daveysil15 wrote: »
    I said in my last post that there is potential to make money, not that I will be. The landlord may think I'm making money from it.
    Nothing to worry about, then. Really. Otherwise you woud have to rent commercial premises only to do your hobby?

    Don't forget about contents insurance if you keep expensive gear in apartment.


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    #15
    dearg lady
    Closed Accounts Posts: 2,091 ✭✭✭dearg lady


    Daveysil15 wrote: »
    I'm not trying to complicate anything. It was a simple question. I'm not sure why you'd mention watching movies with your mates - that's completely different.

    Yes, and I answered the question already. They're both hobbies, same thing. I could if I chose, set up a screen and charge people. The substance is what matters. I personally think by mentioning it, you would be complicating things. If I were you, I would not feel the need to mention it.


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    #16
    Daveysil15
    Closed Accounts Posts: 4,301 ✭✭✭Daveysil15


    dearg lady wrote: »
    Yes, and I answered the question already. They're both hobbies, same thing. I could if I chose, set up a screen and charge people. The substance is what matters. I personally think by mentioning it, you would be complicating things. If I were you, I would not feel the need to mention it.

    There's nothing suspicious about having a tv screen in your apartment though. Although I could take down the equipment if the landlord decides to visit. As long as he's not doing it too often as it would be a pain in the arse if I had to keep setting it up and taking down.


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    #17
    wonski
    Registered Users Posts: 13,685 ✭✭✭✭wonski


    Landlords visits are not that common - most, if not all only come over to fix things, and it usually takes ages...
    Inspections, if happen - once a year maybe. I've had none in 2 years, and all people i know only meet landlords when renewing/moving out.
    Do not overthink this - you have right to do what you want in rented accomodation (as long as you respect neighbours and don't cause any problems), and if you don't set up business there, there is no reason to worry.


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    #18
    Daveysil15
    Closed Accounts Posts: 4,301 ✭✭✭Daveysil15


    wonski wrote: »
    Landlords visits are not that common - most, if not all only come over to fix things, and it usually takes ages...
    Inspections, if happen - once a year maybe. I've had none in 2 years, and all people i know only meet landlords when renewing/moving out.
    Do not overthink this - you have right to do what you want in rented accomodation (as long as you respect neighbours and don't cause any problems), and if you don't set up business there, there is no reason to worry.

    Thanks, I wasn't sure how often they visit. That's a good idea about the contents insurance too.


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    #19
    StillWaters
    Closed Accounts Posts: 1,799 ✭✭✭StillWaters


    Daveysil15 wrote: »
    Thanks, I wasn't sure how often they visit. That's a good idea about the contents insurance too.

    Public liability insurance is more of an issue. As a LL that's what would concern me.


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    #20
    Daveysil15
    Closed Accounts Posts: 4,301 ✭✭✭Daveysil15


    StillWaters wrote: »
    Public liability insurance is more of an issue. As a LL that's what would concern me.

    So if someone tripped over a cable or a piece of equipment and injured themselves, the landlord would be liable, but wouldn't that be the case regardless of how they injured themselves though?


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    #21
    StillWaters
    Closed Accounts Posts: 1,799 ✭✭✭StillWaters


    Daveysil15 wrote: »
    So if someone tripped over a cable or a piece of equipment and injured themselves, the landlord would be liable, but wouldn't that be the case regardless of how they injured themselves though?

    The LLs insurance likely covers public liability for guests and visitors but not for commercial use. If OP is charging clients for a shoot, the LLs insurance would not cover it and he could find himself personally liable.


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    #22
    P. Breathnach
    Registered Users Posts: 12,089 ✭✭✭✭P. Breathnach


    StillWaters wrote: »
    The LLs insurance likely covers public liability for guests and visitors but not for commercial use. If OP is charging clients for a shoot, the LLs insurance would not cover it and he could find himself personally liable.
    OP has already said that is not a commercial activity:
    ... I wouln't be making any money from it; its just a hobby ...


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    #23
    StillWaters
    Closed Accounts Posts: 1,799 ✭✭✭StillWaters


    Daveysil15 wrote: »
    I said in my last post that there is potential to make money, not that I will be. The landlord may think I'm making money from it.

    Sounds to me like he is not making a profit yet, but he is charging clients. I could be wrong though.


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    #24
    thegreatiam
    Registered Users Posts: 2,869 ✭✭✭thegreatiam


    dearg lady wrote: »
    Honestly I can't see any reason why you need to notify the landlord of this, it's a hobby. I sometimes invite my friends over to watch movies, should I have told my landlord about this before moving in?
    wonski wrote: »
    You don't need to tell them anything - it is entirely up to you what you install where, as long as you don't make holes in walls etc
    I rented 2 bed townhouse specifically to use one of the bedrooms as a studio/rehearsal room. Didn't feel i need to notify them that i want to put desk, or stands, even removed the bed from bedroom, as long as i put it back together before i move out there are no issues.
    Landlord was here twice, seen the bedroom and had no problem with that - as long as you pay on time every month they are happy.

    Never said he had to tell them.
    I said if he told them there wouldnt be an issue. He expressed a concern that the landlord might see the equipment and jump to a conclusion. Be clear about it before you move in and there won't be a reason for the landlord to be concerned.
    It will be your space for the duration. But no harm In letting your landlord know


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    #25
    PhilMcGee
    Registered Users Posts: 191 ✭✭PhilMcGee


    I wouldnt have a problem with it, but if the management company had a problem with it then they would pass it on to me which might mean I would have to tell you to stop.


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    #26
    Daveysil15
    Closed Accounts Posts: 4,301 ✭✭✭Daveysil15


    StillWaters wrote: »
    Sounds to me like he is not making a profit yet, but he is charging clients. I could be wrong though.

    No I won't be charging anyone. Like I said, its just a hobby. But if I was making money from it, I could just tell the landlord that its only a hobby. The landlord is not going to know. I could say I'm just photographing family and friends, when for all they know I could be shooting glamour models for page 3 - One can always dream. :pac:

    That's why I would be a bit hesitant mentioning it, in case they thought I was pulling their leg or something.


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    #27
    StillWaters
    Closed Accounts Posts: 1,799 ✭✭✭StillWaters


    TBH as a LL I'd be hesitant, like you say I'd have no way of knowing if it's a business side line.

    If you are genuinely not charging, I see no reason to tell the LL.


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    #28
    Daveysil15
    Closed Accounts Posts: 4,301 ✭✭✭Daveysil15


    StillWaters wrote: »
    TBH as a LL I'd be hesitant, like you say I'd have no way of knowing if it's a business side line.

    If you are genuinely not charging, I see no reason to tell the LL.

    Exactly, its not like setting up a set of decks and a laptop and saying you like to make music. A photography studio is different.

    I'm thinking of getting a short term apartment. Try it out for a couple of months and see how it goes - make sure I'll have enough space and can get good results etc, before comitting to anything more long term.


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    #29
    Mrs OBumble
    Registered Users Posts: 25,950 ✭✭✭✭Mrs OBumble


    StillWaters wrote: »
    If you are genuinely not charging, I see no reason to tell the LL.

    This.

    Except - OP, are you going to be living in this apartment, as well as using it as a studio? If you're not going to be living there, that would definitely be an issue for the landlord 'cos their insurance is based on someone living there.


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    #30
    Daveysil15
    Closed Accounts Posts: 4,301 ✭✭✭Daveysil15


    Mrs OBumble wrote: »
    This.

    Except - OP, are you going to be living in this apartment, as well as using it as a studio? If you're not going to be living there, that would definitely be an issue for the landlord 'cos their insurance is based on someone living there.

    Well I'd be living there at the weekends and a couple of evenings during the week. Would it really make a difference? It's not like the landlord is going to know how often I'm in it.


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