Can somebody recommend a good reliable company ?

[SueEllen]

Your dad? As a shareholder as well?

Lots of people have members of their family as directors and company secretary it doesn't mean they are a shareholder or an employee.

[SueEllen]

Unless you're his landlord how do you know what's in his tenancy agreement or even if he has a tenancy agreement?

If the landlord told the poster they couldn't then it the landlord will ensure it's in the tenancy agreement.

[northernladuk]

Unless you're his landlord how do you know what's in his tenancy agreement or even if he has a tenancy agreement?

But this issue IS with his landlord. The landlord won't let him register his address at the tenanted property. You said 'Why did you tell them?' which I assume means why did you tell the landlord and not just do it. Have I got this wrong?

He asked the question of the landlord as normal tenancy agreements don't allow business to be run from the address. Not telling the landlord puts you in breach of your agreement. I think someone said you can't just throw someone out for this which I am not sure is the case. He's breached the agreement so the protection offered is no longer valid surely? I'm sure it's complicated but either way you just don't want to be buggering about with the place you live in over a minor issue of registering the business at your accountant or anything.

As a landlord I wouldn't be best pleased if I found out a tenant had registered a company at my property, dependant on the circumstances, I'd certainly be looking at my options to end the agreement if the situation isn't corrected.

[northernladuk]

Lots of people have members of their family as directors and company secretary it doesn't mean they are a shareholder or an employee.

Erm, thanks for stating the obvious. Plenty also have their parents as shareholders which is an issue hence the question.

[SueEllen]

Erm, thanks for stating the obvious. Plenty also have their parents as shareholders which is an issue hence the question.

It's up to them and the advice they took from their accountant.

Anyway this thread is on finding another address for the company.

[VectraMan]

But this issue IS with his landlord. The landlord won't let him register his address at the tenanted property. You said 'Why did you tell them?' which I assume means why did you tell the landlord and not just do it. Have I got this wrong?

He asked the question of the landlord as normal tenancy agreements don't allow business to be run from the address.

The last tenancy agreement I had said something like that IIRC, but as every IT contractor runs their business from the home address having somebody else act as registered office makes no difference; you're in theory in breach of the agreement just by doing admin work there. In practice "run a business" really means you can't have it open to the public, unless it says something more specific.

OTOH the landlord has no right to open your mail and part of renting means you have the right to have mail delivered to your property, and that means registering that address for all sorts of things.

If you're stupid enough to ask the landlord he's only ever going to say "no", probably without understanding what it really means. If you asked your landlord if he minded you having a couple of letters per year delivered there he'd look at you like an idiot and say "yes of course you can".

[SueEllen]

But this issue IS with his landlord. The landlord won't let him register his address at the tenanted property. You said 'Why did you tell them?' which I assume means why did you tell the landlord and not just do it. Have I got this wrong?

He asked the question of the landlord as normal tenancy agreements don't allow business to be run from the address. Not telling the landlord puts you in breach of your agreement. I think someone said you can't just throw someone out for this which I am not sure is the case. He's breached the agreement so the protection offered is no longer valid surely? I'm sure it's complicated but either way you just don't want to be buggering about with the place you live in over a minor issue of registering the business at your accountant or anything.
.

Housing law is different from other contract law.

The fact the property is the tenant's home is more important legally than the fact that you own the property in regards to what goes on within it.

So you cannot kick a tenant out for running business during the fixed part of the tenancy.

In the case of running a business unless they are causing a nuisance you can't stop them. Even then it won't be you stopping them it will be the council or the police with possibly the help of the neighbours.

If you don't want a tenant doing things that break restrictive covenants, insurance etc you need to make it clear in the contract that you will pursue them for any losses that are linked to them doing these things.

[northernladuk]

The last tenancy agreement I had said something like that IIRC, but as every IT contractor runs their business from the home address having somebody else act as registered office makes no difference; you're in theory in breach of the agreement just by doing admin work there. In practice "run a business" really means you can't have it open to the public, unless it says something more specific.

OTOH the landlord has no right to open your mail and part of renting means you have the right to have mail delivered to your property, and that means registering that address for all sorts of things.

But you are talking about IT contractor as a contractor so you know the in's and out's. A landlord doesn't. He has to take a risk based approach and that's going to be pretty low if they have any sense. He doesn't know what the guy is going to end up doing or what the implications of having a registered business at his address. Hell, I'm a contractor and even I don't know what the risks of a tenant having his business registered at my properties address. What am I liable for, what happens to debts yadda yadda so unless it's pretty clear cut then of course the answer is no.

We could debate it all day long really and is really down to the attitudes of the tenant and the landlord. If the tenant doesn't mind having his home at risk because he's knowingly breached his contract then fair enough fill your boots. If the landlord thinks there is no risk and approves then fair enough as well.

If however the tenant classes that as his home and isn't interested in getting in to trouble and possibly having to move then it's better to find alternative arrangements and not just fail to tell his landlord something. That's just my opinion on it.

If you're stupid enough to ask the landlord he's only ever going to say "no", probably without understanding what it really means. If you asked your landlord if he minded you having a couple of letters per year delivered there he'd look at you like an idiot and say "yes of course you can".

Is just rubbish. You ask him because it's in the contract you signed. It's nothing to do with being stupid. Not asking him and breaching your agreement is stupid. And it's not a matter of having a couple of letters delivered. It's registering a business and everything that comes with it, which he won't really know.

What about the landlords insurance? I am sure that will say something about it being residential so anything to do with business and the property potentially invalidates the insurances. It's just too complicated for landlords to get involved in.

[northernladuk]

Housing law is different from other contract law.

The fact the property is the tenant's home is more important legally than the fact that you own the property in regards to what goes on within it.

So you cannot kick a tenant out for running business during the fixed part of the tenancy.

In the case of running a business unless they are causing a nuisance you can't stop them. Even then it won't be you stopping them it will be the council or the police with possibly the help of the neighbours.

If you don't want a tenant doing things that break restrictive covenants, insurance etc you need to make it clear in the contract that you will pursue them for any losses that are linked to them doing these things.

I appreciate it's a minefield but I am sure this isn't the case. He's breached contract. There are always avenues to take when contracts are breached.

Having a brief scan one of the Grounds for eviction is..

Breach of tenancy condition

(two weeks' notice required)

If you have broken a rule laid down in your tenancy agreement, this ground can be used. It cannot be used in relation to rent arrears.

Granted it has to go to court and be deemed reasonable and so on but it's possible.

[VectraMan]

But you are talking about IT contractor as a contractor so you know the in's and out's. A landlord doesn't. He has to take a risk based approach and that's going to be pretty low if they have any sense. He doesn't know what the guy is going to end up doing or what the implications of having a registered business at his address. Hell, I'm a contractor and even I don't know what the risks of a tenant having his business registered at my properties address. What am I liable for, what happens to debts yadda yadda so unless it's pretty clear cut then of course the answer is no.

That's ludicrous. If you rent somewhere it's your home; the landlord doesn't have control of what you get up to and certainly isn't liable for anything you do there beyond how it concerns his physical property.

This is why you shouldn't tell the landlord: they're likely to be completely ignorant of the true situation.