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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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We are planning to run a business from our new leasehold property,

Resolved Question:

We are planning to run a business from our new leasehold property, which we are in the last stage of purchasing, but have just found out that there is a clause in the lease stating, that we must "use the flat for the purpose of a private residence of a single family only". Is there any way we can get this changed?

There are three flats within the house. The business is a lice-clearing service, which involves children and their carers coming to the house. Our maisonette shares a communal hallway with one of the other flats.

Thank you for you help!
Submitted: 3 years ago.
Category: UK Property Law
Expert:  Thomas replied 3 years ago.

Hi,

 

Do you know who the landlord is and whether they are agreeable to an amendment of this clause?

 

Kind regards,

 

Tom

Customer: replied 3 years ago.
The property is managed by a local manager. We are on good terms with the vendor who is as keen as us that this purchase proceeds and who appears to have a good relationship with the manager, but we have not yet met them.
Expert:  Thomas replied 3 years ago.

Hi,

The only way that clause could be changed would be for you and the landlord to agree to the change. The "manager" may or may not actually be the landlord of your lease - you can ask your conveyancer about this.


If the landlord agrees then you can execute a deed of variation with them either removing or modifying the clause. If the landlord does not agree then you are stuck. There may also be covenants either in respect of the use of the flat itself or the communal areas that stipulate that you shall not cause a nuisance. If lots of people coming and going constitutes a nuisance then the lesees of the other flats could enforce this against you.

 

You would also have to speak to the local authority about your use of the property as well to ensure that you are not in breach of planning law.

 

Ask you conveyancer about the identity of the landlord and make enquiries regarding whether he would consent to such an alteration. If he does not consent and you start using it for your purposes then he can enforce the clause against you.

 

At the same time as your conveyancer about clauses relating to nuisance and if the same are contained in the lease (which they almost certainly will be) then you should check the other flat owners attitude towards your intended use.

 

The landlord and the other flat owners are the key here, not the vendor.

 

If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.


Kind regards,

 

Tom

Customer: replied 3 years ago.
Our conveyancer said that all the flats' leases would also have to be changed - is this right?
Expert:  Thomas replied 3 years ago.

Hi,

 

If there is a covenant in each lease that all the other leases in the block should be on identical terms then a deed of variation would be required in respect of all the leases then, yes, this would be correct. You may have a copy of the lease sent to you by your conveyancer - have a look through it or give them a call

 

If this is the case then obviously all parties (each lesee and landlord) would have to agree. Plainly, they would also ask that you foot the legal bill for this as well.


You've got to make personal enquiries with the landlord and other lesees, if they are interested then you can ask your conveyancer how much they would charge for preparing the deeds of variation to see if this is something you can afford.

 

Hope this clarifies, if so please kindly click accept.

 

Tom

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6390
Experience: BA (Hons), PgDip, Practising Solicitor
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