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Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.
I am very sorry to read of the above and I imagine how frustrating it must be.
May I confirm the nature of the trouble please? I note you refer to a complaint regarding a piano?
thank you. Finally, could you tell me if the fixed period of your tenancy has expired or whether you are still within any period of fixed term?
Thank you. the small business enterprise and employment act 2015 is now in force which introduced a new concept known as a "home business tenancy". This provides for a framework for individuals to run businesses which do not cause any substantive nuisance from home and request permission from landlords which in turn cannot unreasonably withhold permission.
You can therefore consider referring the landlord to sections 35 and 36 of the small business enterprise and employment act 2015 and once again ask him to provide consent for you to continue to run your business pointing out that it is unlawful for him to unreasonably withhold consent in this respect. The only valid basis upon which the landlord can withhold consent is if he can show that the business will cause a nuisance, will result in greater wear and tear on the property or that it might give rise to a business tenancy and from what you describe, none of these are likely with the possible exception of the nuisance provision.
in the meantime, given the provisions of the act, it seems reasonable for you to continue to operate your business as in practice there is little the landlord will be able to do in this respect. His only option is to seek possession proceedings against you which are unlikely to be successful in view of thee above.
clause which unreasonably restrict the use of a premises will generally be deemed as unenforceable as unfair contract terms under the consumer rights act. Accordingly, a prohibition on playing any musical instrument is unlikely to be enforceable under the consumer rights act and in addition, it does not override the provisions of the small business enterprise and employment act 2015 which specifically put in place provisions to enable the running of a business which may otherwise be prohibited under a tenancy agreement or as a result of an unreasonable landlord.
There is clearly an issue of potential nuisance with regards ***** ***** lessons but providing music is not constant or in particular been played at unsociable hours which from what you say is not the case, there is unlikely to be any statutory nuisance available as a complaint to the neighbour.
the clause you refer to would be subject to the minimum period of the tenancy. Neither you nor the landlord can unilaterally enter the tenancy before the end of the fixed term.
as above, it seems to me you can consider proceeding in the above manner, namely asking again for permission to carry out some teaching from the premises referring to the above act requiring the landlord not to unreasonably withhold consent. In the meantime, I cannot see any particular reason why you should not carry on as it seems to me there is little the landlord can do in practice unless he can actually prove nuisance and as you say, the landlord is unlikely to be terribly motivated in this matter as it is not causing him any inconvenience and you are a good tenant
the landlord cannot give you two months notice to leave during any part of the fixed tenancy as he is prevented from doing so by virtue of the landlord and tenant act. The notice can only be given to end no earlier than the last day of the tenancy other than by something called a section 8 notice which can be served if the landlord claims you are in breach of a covenant in the tenancy agreement. He must then proceed to court for possession proceedings which will take months and will then almost certainly fail as the court has discretion as regards ***** ***** possession in such circumstances and almost never will do so on the first offence providing the tenant agrees to cease the breach of covenant if the court agrees that there has been one which in this case is not obvious that you have
s21 Housing Act 1988 sets out the basis on which possession of the property can be recovered. This trumps any provision in the tenancy.
as you will see, this provision provides that the tenancy could not be ended earlier than the end of the fixed term other than in situations where there is a breach of tenancy (e.g. non payment of rent)
That is very kind. I hope I've been able to set your mind at rest a little but if you have any further questions, please revert to me.
I'm glad the above answers all your questions for now. If you have any follow up questions please do reply back to me.
It is not common for leases to provide that you cannot play musical instruments; rather, leases will typically provide that you cannot play them after a certain time. Loud or persistent playing of musical instruments can about to a statutory nuisance but not the playing of musical instrument itself. you can put the landlord to authority on what they claim as they will find I think there is none.
I can only reiterate that you consider referring the landlord to the above legislation which I have quoted above and that he cannot reasonably refuse permission for you to work from home unless he can show it causes a nuisance. In the meantime I cannot see that you should not continue as you are as there is little the landlord can do about it and advise the landlord that you will look for another property at the end of the term if this is their wish or words to this effect.
Respectfully ***** ***** have not made this point clear enough above because it is likely key and I want to highlight it again. There is very little the landlord can do. You have asked his permission. He has arguably refused unlawfully contrary to the above legislation. Accordingly you can take a position that his refusal is unlawful and advise that you will continue to use the property for lawful purposes in accordance with the above legislation. From there, if the landlord feel strongly enough about it, you will have to serve you with a section 8 notice and then bring possession proceedings which will take 4-8 months to come to a hearing and the court is highly unlikely to order eviction on these grounds.
The landlord can bring "no fault" possession proceedings after the end of the fixed term. What this means in practice is that he may serve you notice to leave which cannot expire earlier than the fixed term and providing he gets the notice correct and has served all the required documents to go along with that notice, then he would be successful in bringing possession proceedings but if you refuse to leave on the last day of the tenancy, he would still need to apply to court. He can apply using the accelerated procedure which is a little faster (but is not what I would describe as fast) and unless he has made a mistake with the notice, he would be successful in attaining possession proceedings eventually at court. He would then finally need to obtain a warrant for possession to appoint bailiffs some four weeks later if you still refused to leave. Accordingly, you would even in a worst-case scenario still have some not inconsiderable time after the end of the tenancy but if the landlord makes it plain he wants you to leave, it would be sensible to commence the search for a new property either before the end of the term or at least shortly thereafter so you do not run yourself out of time.
the landlord cannot unilaterally increase the rent at the end of the fixed term. Rather, he must either agree a rent increase with you, serve a statutory form 4 giving you one months notice of any rent increase and allowing you the opportunity to appeal the rent increase to the property tribunal or seek to evict you and then put in place a new agreement following election with a new tenant on whatever terms the landlord can agree
I'm glad the above answers all your questions for now. If you have any follow up questions please revert to me.