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Running a business from home, legalities.

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sandradelmar
(@sandradelmar)
Posts: 4
New Member
Topic starter
 

First of all I'm new to this forum and wanted to introduce myself and say "hi" to everybody 😉 I find the forum full of very useful information so I would love to stay. The main reason I joined today is because I had a question regarding running a (massage therapy business) from home.

I'm getting a new apartment and I'm seeing that most of the flats make you sign a residential contract with a clause where it makes it illegal to run a business from the premises. At my last apartment I tried not to make my traffic noticeable (I was seeing 10 clients a week) but in theory I was not allowed to run a business (I know: bad girl). On the other hand telling the potential landlord upfront you're a massage therapist and going to have people coming in and out will have him/her bin your application in a second.

What to do? What would be the "proper" or legal way of running a small business from a flat? What type of place would I be looking for? Comercial? residential? problem is I'm going to be living fthere too. Should I be honest and straighforward with my potential landlord if it's a residential space? Would I require special permit for running a massage therapy business from home if i work for myself only? I intend to set up a treatment room dedicated to holistic massage and see no more than 10 clients a week..

I'm just sick and tired of sneaking people in and out and would like to do it the right way. What's the right way?

That's all folks.

Thanks.
sandra


 
Posted : 30/11/2016 10:54 pm
(@jabba-the-hut)
Posts: 4259
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I see from another post that you are based in London.
Which umbrella body do you belong to, and what insurance do you have? Most London councils require that therapists hold a Special Exemption Licence to work as a complementary therapist.
I understand that many tenancy agreements stipulate residence and not business - not only the tenant could face prosecution if they were found to be running a business, but also the landlord.
Do you have other employment? Could you research the possibility of renting a room within a complementary therapy centre for a few hours a week?


 
Posted : 01/12/2016 10:10 am
sandradelmar
(@sandradelmar)
Posts: 4
New Member
Topic starter
 

Hi Jabba,

And thanks for your reply. Unfortunately this is a public forum on the internet and don't feel too comfortable giving personal details. My name is not Sandra, and I'm sure yours is not Jabba the hut either 🙂

Renting a room within a complementary centre is way too expensive, plus none of them have a shower (I do holistic massage and use oil, half of my clients ask for a shower after, specially in summer). I feel way more comfortable working from my own treatment room at home, but I would like to know what's the "proper" way of doing it regarding tenancy agreement.

Sandra


 
Posted : 01/12/2016 12:10 pm
(@jabba-the-hut)
Posts: 4259
Famed Member
 

Looks like this is a question you are going to have to ask of future landlords, or look to rent a dual residential/business property, working out first if your income will cover the outlay.
Do you belong to an umbrella organisation? Are you insured for therapy work?


 
Posted : 01/12/2016 12:47 pm
sandradelmar
(@sandradelmar)
Posts: 4
New Member
Topic starter
 

Yes, I'm insured of course.


 
Posted : 01/12/2016 1:13 pm
Energylz
(@energylz)
Posts: 16602
Member Moderator
 

As Jabba says, it's not just landlords disliking people running a business from the property, it comes down to the legalities and insurance behind it. There is public liability insurance issues if the premises are not registered for business use, and also it would invalidate the landlords buildings insurance if it's only intended for residential use and you are using it for a business, especially when you are having members of the public visiting the property (most insurance for residential accepts that people will occasionally use their home to do their own work e.g. working remotely via their computer to their office, or having a room ("home office") to do their business' work in when they need to work from home; however these do not involve having members of the public visit).

Even if you have insurance from a therapists body, you may be invalidating it by treating people in a place that is not an approved business premises, which would be an expensive thing to do to yourself if someone has an accident or issue and takes legal action against you.

It's not just a case of the landlord saying "oh, ok you can run a business from here" because in the UK a property has to be approved for business use by the local council planning department (or even approved for residential use if already business). This is a "change of use" application.


 
Posted : 01/12/2016 1:46 pm
Crowan
(@crowan)
Posts: 3429
Famed Member
 

It's not just a case of the landlord saying "oh, ok you can run a business from here" because in the UK a property has to be approved for business use by the local council planning department (or even approved for residential use if already business). This is a "change of use" application.

But not necessary if the overall character of the dwelling has not changed - I guess that depends on how many clients you see. You could check this by phoning the council (you don't have to give details), but - outside of a National Park - this pretty much goes over the whole of England.


 
Posted : 01/12/2016 5:01 pm
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