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Kidston
05-10-2013, 09:25 AM
We are due to move into a new house in less then a week. The landlord through out has given permission for me to childmind and I made sure of this before applying.
Now less then a week until we move in and the landlord has been told by a solicitors that if he ever wanted to evict us or have the house back he wouldnt be able too cause because as a business we have different rights.
Ive tried saying to the estate agent im happy for there to be a clause saying it will be treated as a normal tenancy but hes still not sure if the landlord will accept this.
Has anyone had any experience like this.
I feel like my dream job is being taken away from me because I cant afford to own my own home.

shortstuff
05-10-2013, 05:13 PM
I havent had this experience but that sounds harsh leaving it so late in the process. I hope you can get it sorted. Maybe get legal advice of your own?

Kidston
06-10-2013, 07:12 AM
Thanks gail its a horrible situation. I havent slept all night and feel ill from the stress. I wont find out til mon or tue and if he doesn't let me childmind we either turn down the house and have 10 days to find another before we have to be out of our current house or more into the house still and not childmind. Im gutted.

MessybutHappy
06-10-2013, 07:28 AM
Are you insured with Morton Michel? They offer legal advice?

Kidston
06-10-2013, 10:25 AM
Are you insured with Morton Michel? They offer legal advice?

Thank you but I havent started any of my courses yet so haven't got any insurance x

Koala
06-10-2013, 11:30 AM
Hi

I understand what has happened here. If a property is rented as a home and business, for example a village shop with accomodation, or a specifically designed property for living and business, farms, workshops etc... there are differing legal rights for the landlord to abide by and yes this includes the landlord giving notice to evict a tenant, certain reasons have to apply.

However, childminding is a business that differs as you are not exactly a business rated business like i.e a business that is specific to the property, if that makes sense. Childminding has and will probably always be a bit of a white elephant when it comes to fitting us into a box!

It does seem that the solicitors have taken a blanket rule to business which is rather ill informed. Generally landlords charge V.A.T on business rented properties, or part of the property is apportioned to living rent and business rent, check this and if as I suspect you will not be either paying V.A.T or part of the rent is attributed to business use - then the property is not rented as a business. The business rules do not apply(although the landlord is allowing you to run a childminding business many self employed people, builders, free lance folk work from home and business rules do not apply to either landlord or tennant) and standard rental rules apply.
The landlords solicitors sound a bit crap.

Good luck what a crappy situation to be in.

littlepumpkins
12-10-2013, 06:40 AM
Hi everyone.

I have a place on my local pre-registration course next month but I am waiting on a reply from my landlord to see if I can childmind from the house. I wrote him and his wife a letter, really hope they agree if not i don't know what il do career wise as this is what I've wanted to do for ages.
What are the reasons a landlord says no?

Thanks :)

bindy
13-10-2013, 01:33 PM
You need to reassure your landlady/landlord being a childminder from any home rented/owned is different from running any other business and do not come under the same rules. Could you not get him to call your local LA for reassurance? It is a bit mean to tell you the week before your move date. Have you signed any contracts?

bindy
13-10-2013, 01:37 PM
Another thought, move in, do your course which takes time anyway, look for a new property once you have finished your course got your certificate, you never know he may come round to the idea once he gets to know you and he can see you are good tenants!

carol cameron
13-10-2013, 03:48 PM
Hi everyone.

I have a place on my local pre-registration course next month but I am waiting on a reply from my landlord to see if I can childmind from the house. I wrote him and his wife a letter, really hope they agree if not i don't know what il do career wise as this is what I've wanted to do for ages.
What are the reasons a landlord says no?

Thanks :)

As a landlord myself I was told when I was buying the property that whoever lived there would not be able to run a business from it as it was specified in the lease conditions. This was not a problem for me as it is a buy to let property but thought I would mention it as it may not be the landlords choice.
Good luck sorting it.

littlepumpkins
13-10-2013, 05:41 PM
Thank you Carol.

I've been his tenant for the past 5yrs and him and his wife both say I'm their star tenant, lets just hope they let their 'star tenant' childmind :)