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Tenancy agreements

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  • 15-10-2013 8:40pm
    #1
    rookie1470
    Registered Users Posts: 115 ✭✭


    Hi Guys,

    A friend of mine asked me for some advise on a tenancy matter. She is considering doing a bit of work from home but the tenancy agreement she signed when she moved in stated that no businesses are allowed to operate from any home in the estate. Is there any way around this?? Is the agreement legally binding?

    Any suggestions appreciated.


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    #2
    jimmii
    Registered Users Posts: 14,810 ✭✭✭✭jimmii


    Contact the agent/landlord see what they say they are the only ones who will do anything about it and depending on the type of work they may be willing to allow it.


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    #3
    rookie1470
    Registered Users Posts: 115 ✭✭rookie1470


    jimmii wrote: »
    Contact the agent/landlord see what they say they are the only ones who will do anything about it and depending on the type of work they may be willing to allow it.

    If they don't allow this even though it won't cause any annoyance or issues to other residents, can they still stop her from doing it?? ie is there any way around it?


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    #4
    jimmii
    Registered Users Posts: 14,810 ✭✭✭✭jimmii


    rookie1470 wrote: »
    If they don't allow this even though it won't cause any annoyance or issues to other residents, can they still stop her from doing it?? ie is there any way around it?

    It would depend on the terms of the lease if a clause like that is inserted it may well include what will happen if the Tenant is found to be breaking that clause. Its going to come down to the Agent/Landlord really and how easy going they are. If they are a stickler to the rules once you ask if its ok and they say no they make well check up.


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    #5
    srsly78
    Registered Users Posts: 7,157 ✭✭✭srsly78


    If "work from home" just means doing a few bits and bobs with laptop then noone is gonna complain. However it "work from home" means opening up a garage and servicing cars on the front lawn then this would be different.


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    #6
    Peterdalkey
    Closed Accounts Posts: 2,091 ✭✭✭Peterdalkey


    OP, if you described the actual activity proposed you might get more relevant responses. The activity is the key here, for instance anything that has a flow of commercial visitors to the property is likely to fall foul of the clause. I would suggest that things like, hairdressing, car repairs and perhaps even a busy dressmaker are likely to be prohibted. Operating a business from the house, such as a plumber etc is not a problem, it is operating a business in the house that is going to raise the issue, ubnless it is desk based such as teleworking/telesales etc etc.


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    #7
    rookie1470
    Registered Users Posts: 115 ✭✭rookie1470


    Peterdalkey wrote: »
    OP, if you described the actual activity proposed you might get more relevant responses. The activity is the key here, for instance anything that has a flow of commercial visitors to the property is likely to fall foul of the clause. I would suggest that things like, hairdressing, car repairs and perhaps even a busy dressmaker are likely to be prohibted. Operating a business from the house, such as a plumber etc is not a problem, it is operating a business in the house that is going to raise the issue, ubnless it is desk based such as teleworking/telesales etc etc.

    The type of business is hairdressing, a few people have asked her to do it at home and she thought she would give it a go. The only noise I assume there would be is that of a hair dryer which wouldn't be any louder that a radio. Since my original post she has contacted the management company and they have said no she cannot do it. Nothing in the contract that suggest what the management co will do if she did start doing it, she has her own mortgage on the property and has never caused any nuisance in the property before.


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    #8
    Peterdalkey
    Closed Accounts Posts: 2,091 ✭✭✭Peterdalkey


    Not only is she likely to be in trouble with the management company, the local authority will close her down as she needs planning permission plus is liable for commercial rates!! On top of that there is the whole issue of the health and safety legislation and HSA powers!. She would be better going to the clients homes where none of the above apply.!!


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    #9
    jimmii
    Registered Users Posts: 14,810 ✭✭✭✭jimmii


    I would imagine you would also need Public Liability as well. I would suggest not doing it to be honest! Call outs would definitely be better.


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    #10
    rookie1470
    Registered Users Posts: 115 ✭✭rookie1470


    Peterdalkey wrote: »
    Not only is she likely to be in trouble with the management company, the local authority will close her down as she needs planning permission plus is liable for commercial rates!! On top of that there is the whole issue of the health and safety legislation and HSA powers!. She would be better going to the clients homes where none of the above apply.!!

    Thanks for the info lads, it's probably too much hassle that's what it's worth. But if she does decide to go to the council and get planning permission etc will that over ride the signed agreement with the management company??


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    #11
    Peterdalkey
    Closed Accounts Posts: 2,091 ✭✭✭Peterdalkey


    Short answer, no! The costs of complience in any event would probably render the business unprofitable. All I can suggest is that she at least looks at the mobile option.


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    #12
    rookie1470
    Registered Users Posts: 115 ✭✭rookie1470


    Hi guys,

    My partners apt is under a management co who are supposed to look after the general area etc, it's in an estate of houses and apts but it's only the apts that is run by this management company. Does she have to remain within this management co or can she just leave them and look after her own apartment as she owns it???


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    #13
    Peterdalkey
    Closed Accounts Posts: 2,091 ✭✭✭Peterdalkey


    rookie1470 wrote: »
    Hi guys,

    My partners apt is under a management co who are supposed to look after the general area etc, it's in an estate of houses and apts but it's only the apts that is run by this management company. Does she have to remain within this management co or can she just leave them and look after her own apartment as she owns it???

    This is a business forum, post in the property section on Boards.ie for advice on this topic. My opinion : She cannot!


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