Using a room to work from

[LindaBlakely]

I am in the process of buying a flat and will be working from home in a spare bedroom.

There will be no deliveries to or from the property, no clients coming to my home as I work from a PC on my own for myself only.
I do not use the telephone for business.
The only business correspondence I have is via e-mail.

In my previous freehold property I had a bed in the room I worked from as I understand as long as a room is not used solely for the purpose of business that business council tax does not apply.

I will make sure the room in the leasehold flat has dual purpose too but I was wondering if either the management company or the lease could stop me from working from home.

There are 3 other flats in the block, I am a very quiet person but I am sure they will be aware that I work from home and I was wondering if they could report me to anyone about it. It did come up in conversation to my neighbour that I work from home.

I have asked the solicitor to look into the lease because I wanrt to work from home but thought I would get som opinions on here too.

[brian]

So far as I understand it, you are fine to work from home with no consequence so long as the main purpose of the residence is redential.

If the place has multiple rooms, and only one is used to work from, then it shouldn't be an issue at all - you don't need to mention anything, and you won't have any problems.

Working from home only becomes an issue if the residence is primarily used for work, or else for a trade that requires physical work carried out on the premises (ie, welding!) that will impact your home insurance.

[Richard Webster]

I agree with the general tone of what Brian has said as far as Planning Law is concerted. Merely using a computer and receiving e-mails etc with no visitors would not be sufficient to constitute a material change of use in planning terms. the issue about lease wording is less clear.

It will depend on exactly what the lease says but most people would apply common sense and not see it as a problem. Important you don't do anything to annoy the other flat owners as sometimes if they have an unrelated grudge they will suddenly "discover" your business use and get eh freehold/managing agent to take action against you.

[LindaBlakely]

Originally Posted by Richard Webster

It will depend on exactly what the lease says but most people would apply common sense and not see it as a problem. Important you don't do anything to annoy the other flat owners as sometimes if they have an unrelated grudge they will suddenly "discover" your business use and get eh freehold/managing agent to take action against you.

Yes this is my concern and I do want the solicitor to look into the wording of the lease for this reason.

I will do my best not to fall out with the other 3 flat owners in case they do ever decide to make a complaint against me.

I generally get on well with most people and keep myself to myself, am quiet but even if I don't annoy them they might decide to make a complaint out of jealousy or spite.

[Jeannie D]

Sometimes there is no direct reference in the lease to working from home but there may be indirect references such as not being able to place notices or advertisements (which you are not planning to do) or a rather vague clause along the lines of not doing anything that may be a nuisance, annoyance or disturbance or inconvenience to the owners or occupiers of any adjacent dwelling. Highly subjective, of course, but another reason to maintain good neighbourly relations.

[LindaBlakely]

Well I did get a reply from the Solicitor today,

"The lease under which the property is held is a 1969 lease, which was extended in 2011. It is therefore an old lease. Having said that, there is a prohibition within the lease, which says that the flat can only be used for the purpose of a private residence of the lessee and for no other purpose whatsoever. Further, there is provision that nothing can be done at the flat which may become a nuisance or annoyance to neighbours.

You may take the view that the business you will be carrying on will never become public knowledge, in the sense that there will be no disruption to, or interference with, neighbours. That being so, you may take the further view that the risk of your business being discovered is minimal.

However, the conduct of business from the property is, under the terms of the lease, strictly prohibited. I mention the fact that the lease is a 1960 lease, because, the methodology of trading today is so radically different to that which existed in 1969 that the lease could never have contemplated electronic trading."

I did telehone the Solicitor and she will try to contact the management company and ask if it will be ok for me to work from home and explain what type of work I intend doing.
If they will give me some reassurance in writing I will buy it but if not then I probably wont as it is not worth me living in fear of getting a letter ftom the management company one day.
I did speak to my (possible) neighbour a couple of weeks back, she invited us in to see how nice the flat can look (mine needs a lot of renovation) and told her I work from home, she is pally with the lady below, there was no reaction from her but they might not like the idea and if ever they feel like bing spiteful the can complain to the management company.

Not how I intended to live. I will wait to see what the Solicitor can find out.