Registration/leasehold query - help needed!

**Serenity** · 24-10-2015, 07:17 AM

Hi all, hope I am posting in the right place.

I am at a point where I am ready to apply to Ofsted having done all the relevant courses and so on. I'm just sorting out my flat/toys etc.

I have a mortgage on my flat, and the mortgage company are OK with me childminding. I am one of 4 directors of the management company that manages the building (7 flats/communal garden, though officially a small part of the garden is mine). It is a leashold flat, and the freeholder is a distant party who just collects ground rent. I have looked through the lease and can't see anything prohibiting business, but do I need anything official stating that, for Ofsted? I called the freeholder who said they had no idea if there were any business issues and to get my solicitor onto it to be sure. This will cost me a fortune which I can't afford right now. How much will Ofsted ask about this?

I have also encountered some mild resistance from one of the directors, who wants us to vote on me running a chi!dminding buisness - I'm not clear if she is trying to stop me, or just do things very officially to show anyone who objects that the directors have reached an agreement. She is usually pretty reasonable, and I haven't yet made her understand that I will not be having many children/we'll be out for a part of the day, etc. Do you think a vote is necessary? Or a polite explanation of my plans out of couresy?

I'm a bit lost here and would really appreciate opinions. Sorry for the long post.

Thanks for any advice

**Rick** · 24-10-2015, 08:00 AM

I don't know if this really answers it but if you are not changing the use of the building (still a dwelling) then we are just classed as Woking from home.

Planning permission rules - ENGLAND

**BallyH** · 24-10-2015, 08:55 AM

Originally Posted by Serenity

Hi all, hope I am posting in the right place.

I am at a point where I am ready to apply to Ofsted having done all the relevant courses and so on. I'm just sorting out my flat/toys etc.

I have a mortgage on my flat, and the mortgage company are OK with me childminding. I am one of 4 directors of the management company that manages the building (7 flats/communal garden, though officially a small part of the garden is mine). It is a leashold flat, and the freeholder is a distant party who just collects ground rent. I have looked through the lease and can't see anything prohibiting business, but do I need anything official stating that, for Ofsted? I called the freeholder who said they had no idea if there were any business issues and to get my solicitor onto it to be sure. This will cost me a fortune which I can't afford right now. How much will Ofsted ask about this?

I have also encountered some mild resistance from one of the directors, who wants us to vote on me running a chi!dminding buisness - I'm not clear if she is trying to stop me, or just do things very officially to show anyone who objects that the directors have reached an agreement. She is usually pretty reasonable, and I haven't yet made her understand that I will not be having many children/we'll be out for a part of the day, etc. Do you think a vote is necessary? Or a polite explanation of my plans out of couresy?

I'm a bit lost here and would really appreciate opinions. Sorry for the long post.

Thanks for any advice

Maybe she is thinking ahead. You say you won't be minding many children but even one child can make a lot of noise. Plus it's parents dropping off and collecting. There is another cm who posts on here reqularly and she lives in a flat and I do rememember her posting, once, how nice it was for the flat underneath to be on holiday as she didn't have to worry about the little ones running around in hers. We all have neighbours to worry about, whether they live beneath us, next door or over the road. So try to reassure everyone that you will start as you mean to go on and are aware of the impact this may have on everyone who shares the flats. Keep your parents regularly updated about considering the other flat dwellers. Regarding Ofsted, I'm not sure how much they will ask but you could phone their main helpline and ask it as a general question. Best of luck. And enjoy you new career.

**rickysmiths** · 24-10-2015, 08:23 PM

You have to have the written permission of the Freeholder to say they are happy with you minding from the flat and Ofsted will normally ask to see that permission.

I lived in and owned a Leasehold Flat for 20 years and when I started minding pre Ofsted I had to have this and when Ofsted did the Transition Inspection when they took over Inspections it was one of the things they asked for. By then I was a Director on the Freehold Company because we had bought our own Freehold but I still had to get the whole Board to continue to agree and write a letter to that effect.

**Serenity** · 24-10-2015, 09:17 PM

Thank you all for your comments. Yes I completely understand that child minding has the potential to impact on others, and would always be very sensitive to that. It's confusing as I can't find anything official from ofsted that says I need the freeholders written permission, yet it seems that I do.

If the freeholder says no, is there anything I can do? When I spoke to one of the directors he had no idea and directed me to my solicitor and said maybe it was up to the management company, which I am a director of with 3 others. Or if the lease did have a no business clause, but the freeholder agreed to waive this rule (for some reason) but not all the directors agreed, I wonder where I'd be then? And I don't know whether to try and get the other directors on board, or whether continually flagging it up is just another way of hanging myself!

Sorry for the long post again - it a just seems a bit of a minefield but I will do whatever I need to do, my worry is that it's beyond my control.

**Serenity** · 24-10-2015, 09:35 PM

I think I just lost my reply..if it appears later, sorry for saying it all again.

Thanks for replies - yes I absolutely take on board that childminding can impact on neighbours, and would always do my utmost to minimise this. Very good advice re speaking with parents (if I ever get that far!). I wonder if it did come to a vote amongst the directors (I am one) what would happen. There are 4 of us, and I know at least one other is supportive of my plans. I just don't know what I will do if the freeholder says no. When I spoke to them, they wondered if it was up to the management company (ie me and other directors and leaseholders).

Sorry again for long post..I just don't know what to do, as the freeholder has directed me to my solicitor I guess I may have to do that - it's an expense I really can't afford now though.

**Serenity** · 25-10-2015, 07:39 AM

Thanks for replies..this is a sort of test message as I have tried twice to post long replies but they are not showing up..

**sarah707** · 25-10-2015, 05:29 PM

Originally Posted by Serenity

Thanks for replies..this is a sort of test message as I have tried twice to post long replies but they are not showing up..

You are a new member of the Forum so admin have to ok your posts for a little while just to make sure you are not a spam member - it's the same for all new members - it sometimes takes us a little time

**rickysmiths** · 27-10-2015, 12:15 AM

Originally Posted by Serenity

Thank you all for your comments. Yes I completely understand that child minding has the potential to impact on others, and would always be very sensitive to that. It's confusing as I can't find anything official from ofsted that says I need the freeholders written permission, yet it seems that I do.

If the freeholder says no, is there anything I can do? When I spoke to one of the directors he had no idea and directed me to my solicitor and said maybe it was up to the management company, which I am a director of with 3 others. Or if the lease did have a no business clause, but the freeholder agreed to waive this rule (for some reason) but not all the directors agreed, I wonder where I'd be then? And I don't know whether to try and get the other directors on board, or whether continually flagging it up is just another way of hanging myself!

Sorry for the long post again - it a just seems a bit of a minefield but I will do whatever I need to do, my worry is that it's beyond my control.

That is because it is nothing to do with Ofsted. It is a legal matter to do with you being a Leaseholder and having to abide by the terms of your Lease when it comes to working in your Property. The Freeholder is the person or Company who will enforce the terms of your Lease if you break them or act on the matter if one of your neighbours Complains about the impact your Business may be having on them if they Complain. It is nothing to do with the Management Company except they may be your only route to contact the Freeholder. If you don't understand the Terms of your Lease then you may have to go to a Solicitor and ask them to read it with you and check if there is a clause that prevents you from working. If there is, there was in mine, you will then have to put a case to the Freeholder as to why they should allow you to work.

It is up to you to sort this out with your Freeholder, Ofsted will not be interested in the nitty gritty what they will need to see is proof in the form of a Letter from your FreeHolder that gives you permission to work as a Childminder from your flat. They need to see this so they know it is all right for them to Register you. This is not a new process I had to do it 21 years ago when I started minding Social Services asked for it. The cam't be seen to Register you if you are not allowed to run a business from your Leasehold property.