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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10458
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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What constitutes 'running a business from home'? I am trying

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What constitutes 'running a business from home'? I am trying to purchase a property near the coast in Devon and my solicitor is reluctant to progress to exchange (supposed to complete by end of this month!) until we have it defined in writing. I will be using the property as my holiday home but in the weeks/months if the year I do not use it will offer it for holiday lets to help with the cost of running it all year. I cannot afford to buy it if I cannot do this.
There is a clause in the Transfer Deeds that states "not to carry on or commit to be carried on any business or trade from the property without the prior written consent of the company" the company being the Management association. Which is a registered company and registered to the neighbour next door!!!! One rule for one
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

Not sure why your Solicitor does not know, but it is common legal knowledge following case law, that using a property as a holiday let is classed as a business when it comes to restrictive covenants. The Courts look at the planned use of the property- and in this regard, a private residence is entitled to be the registered office of a Management Company.

You do therefore need to approach the Management Company, requesting consent,to use the property partially as a holiday let. I wouldn't advise that you proceed to exchange of Contracts without their written consent.

I hope this assists you and sets out the legal position.

Kind Regards

Al

Aston Lawyer and other Law Specialists are ready to help you
Expert:  Aston Lawyer replied 2 years ago.

Hi Candice,

Can I assist you any further?

Kind Regards

Al

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