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SolicitorRM
SolicitorRM, Solicitor
Category: Law
Satisfied Customers: 3333
Experience:  Director and Principal Solicitor. UK
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Assistant: How can I help? I am looking at setting up a

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Hello
Assistant: Hi. How can I help?
Customer: I am looking at setting up a beauty room in my home. I have noticed a clause in our deeds that says no manufacturer or business may be carried out on the premises. It would be a one in one out with them parked on the drive.
Assistant: Where are you? It matters because laws vary by location.
Customer: Sandhurst Berkshire. Bracknell forest council
Assistant: What steps have you taken so far?
Customer: I contacted the council who said I don't need a licence. But other than that nothing.
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: No
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola

Hi, thank you for your enquiry and your patience. The Council will be commenting on whether you need a licence for the beauty room business and if they said you do not then thats well and good. However your Deed governs what you can and cannot do under the terms and conditions of your Lease. I totally appreciate you will not have people queuing up for consultations, however you are not running it for free, it will be a business as long as you are offering a service and charging for the same and earning income from it. If the Lease prohibits "business" then you will be in breach when running the beauty room business. Most Leases will have a qualification to say without seeking the Landlord's written authority and the same not to be unreasonably withheld. If your Deed does not have this then I would say you would be risking being sued for damages for breach of the Lease. If it does then you may wish to seek the authority if the landlord or the management company are reasonable.

I hope this is useful to you. I would be grateful for your rating at your earliest convenience. Feel free to send me your follow on questions after your rating should you have any, I will still be able to respond to you. All the best

Customer: replied 10 months ago.
This response does not answer my question as we are not in rented accommodation. We own the house. I was told that it was so I couldn't run a garage or corner shop originally. But now I want clarification. Who and where would I need to go to get this answered.

Morning, are you not a Leaseholder? Do you own the Freehold too?

Customer: replied 10 months ago.
we own the freehold I think.

Unless you are a Freeholder and I misread your information then the terminology Landlord doesn’t mean you are in rented property only.

If you are the Freeholder then the advice is essentially the same. You would be breaching the restrictive covenant in your title deed if you carry on the business.

Apologies for any confusion caused as I had understood you owned your property as a Leaseholder not Freeholder as you had referred to deed only.

Customer: replied 10 months ago.
What I want to know is this document is 1928 who do I go to clarify what classes as business.
3 of my neighbours work from home no problem. Also none of my neighbours object to me working from home. It seems very dated and there must be a body who looks into this. Information is so confusing

I know it can sound complex. You would not know if your neighbours predecessors may have applied for a deed of variation or deed of release. The beneficiaries of theirs may no longer exist and didn’t pass on their benefit to new owners in which case they would not need to make any application . If you are planning to do the verification without a conveyancer’s assistance then the first step is for you to check with the Land Registry if that restrictive climate covenant was registered or not. If it wasn’t then it won’t be binding on you, you can do your business. If it was then you need to apply for variation or release. This is done by way of an application to the First Tier Tribunal ( Property Chamber). It’s a complex area, it may help if I speak to you on the phone. Calls are chargeable a modest JAfer and are not capped so I will speak to you until you are clear on what you need to look out for

Customer: replied 10 months ago.
Sorry to sound stupid but would this information not already be in the big pile of documents we were given when we bought the house?
If not what exactly do I need to get from the land registry.Thank you for your help

If you were given all your conveyancing documents and your solicitors had done all the necessary searches then you could already have it. You need to sift through all the documents and if you can’t find the information on the restrictive covenant, it’s variation or release then I would say do one finely check with the Land Registry. You could also consider just getting defective title indemnity insurance in the event you have missed something and many years later somebody challenges you. You will want a solicitor for this type of insurance to make sure you are covered for what you need, there is nothing worse than getting a policy directly yourself and paying a premium only to be told when you claim that restrictive covenants aren’t covered. You don’t need to apologise for asking for further clarification, I would rather you ask than remain unclear. I would very much appreciate your rating when you get a moment.

SolicitorRM, Solicitor
Category: Law
Satisfied Customers: 3333
Experience: Director and Principal Solicitor. UK
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