Caroline Polder

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Caroline Polder

Trainee Licensed Conveyancer

Is working from home a breach of covenant?

Restrictive covenants can impose limitations on non-residential use. Such covenants frequently require that the property be kept as a private dwelling and can stipulate that no trade or business should be carried out. These types of covenants are commonly found in both freehold and leasehold property deeds.

Working from home can potentially breach a covenant, depending on the specific terms outlined in the covenant itself. Some restrictive covenants stipulate that the property should only be used as a private dwelling and explicitly forbid any trade or business activities on the premises. If your home-based work involves conducting business, seeing clients, or generating noticeable noise that goes beyond regular residential activities, it might be considered a breach of such covenants.

However, if your work from home is limited to administrative tasks that are typically associated with a home office (such as working on a computer and making phone calls) and doesn’t disrupt the residential character of the area or violate any covenant terms, it might not be considered a breach.

It’s important to carefully review the wording of the restrictive covenant in your property’s deeds or lease to determine whether working from home would violate its terms. If you’re unsure, consulting with a legal professional who specialises in property law can provide you with accurate guidance based on your specific situation and the terms of the covenant.

This article is intended for guidance only – 2023

 

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Caroline Polder
Caroline Polder