What to do???:/
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  1. #1
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    Default What to do???:/

    Hi
    I have just relocated from Devon to Sheffield and moved into a private rented house. I have been a childminder since registering in March last year and had permission to childmind from my house in Devon (Housing Association), I am now trying to get permission from my landlord for my new house in Sheffield. Previously before signing any tenancy agreement or any other paperwork I asked about childminding in the house and the agent (have to go through the agency who then speaks to the landlord) said that it should be fine. I kept asking before moving in and I always got the same answer. I sent an email to the agency again this week regarding permission for childminding and I got a brief phone call saying I wouldn't be able to childmind from my home, I asked why and the bloke said something to do with a clause in the tenancy. I did read and re-read the tenancy upon signing it and asked again if I could childmind and the agency said they will ask the landlord again and get back to me, which they NEVER did!!!
    I have just read the tenancy again and it states: 'To use the property only as a single private residence for the occupation of the tenant and not to carry on any formal or registered trade, business or profession there'.
    Am I right in thinking childminding is not classed as a business?? Correct me if I'm wrong. Is there anything I can do to get the landlord to allow me to childmind from my home??? I really want to childmind and since being registered haven't had any minded children so am wanting to make a new start up here. I don't know what i'll do if I can't mind from my home as am wanting to do it as have two little ones at home to look after. I was going to write a letter to the agency to give to my landlord about childminding and what it entails etc but I have no idea of what to write and if it would help??

    Please can someone help me...am on the verge of crying I don't know what to do as its a form of income . Thanks in advance.

  2. #2
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    Can anyone help???


  3. #3
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    I have had similar problems. As I wanted to childmind we needed to move house as our current landlord wouldnt allow it. I called about 100s of different properties and 90% of the time the agent wouldnt allow it because of that clause which states you must not run a business from home. There is a massive debate about if childminding is classed as a business or not but to an agency they see it as people using the house for a service that you get paid for hence a business.
    We got lucky and finally found a landlord which would be ok for me to do it but I think thats only because I asked him directly not through the agency.
    I would write a letter to be passed on to him and explain that the house would be looked after and cared for to a high standard and that ofsted would inspect the house to make sure of this. Also that you will have your own insurance which would cover damage to the property.
    If there is nothing you can do you need to make serious complaints to the agency who lead you on to get you to rent the house. I would also call shelter for advice on if you have any kind of case with them. I have called shelter before for advice on a legal matter regarding landlords and agencys and they were really helpful.
    Sorry not much help but I hopw you can get it sorted

  4. #4
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    Bah humbug - I started writing a massive reply earlier today but my laptop died and swallowed it up into the abyss!

    I was very lucky when I wrote to my housing association as they wrote straight back and confirmed it was fine which I get the impression they had done for others before. But I did write them a lovely loooong letter (they probably got bored halfway through and decided to just give me permission to shut me up!) which I like to think helped! I can't find an electronic copy to send you but I've found a hard copy so I'll jot down the main things I put in the hope that it might give you inspiration for your letter. I genuinely think that people don't often understand what childminding involves these days and envisage hoards of screaming kids ripping their house to shreds and generally creating havoc - I guess the letter needs to convince them otherwise!

    So, in my letter I put things like:

    *legal requirement to register with Ofsted which includes pre reg visit to check premises suitable, strict maximum number of children which includes me own and 3 yearly inspections
    *No structural requirements to childmind, just safety aspects will be considered such as use of stair gates, cupboard locks etc and that these are in place anyway for my own child. Responsibility for making any changes due to safety is completely my own and they will not be required to make any changes themselves
    *Property will actually be maintained to a high standard as the state of the place is a key factor for parents when decided whether to use my services plus parents will be dropping off and collecting every day so I will need to look after the house and keep it in good order. Also visits from LA Childminding Team will take place regularly so again, the house will be well looked after otherwise my business would be in jeopardy
    *I mentioned about planning permission as, in my area, you don't need to seek it unless you have more than 6 children within any 24 hour period so again a clear cap on the numbers I can have (especially when you consider that before and after school children are only with you for a few hours at the beginning and end of the day)
    *I had previously rented a flat through the same association for a number of years and was never in arrears with rent plus got my full deposit back when we moved so I mentioned that to try and butter them up - do you have a previous landlord who would be happy to act as a referee or something similar?
    *I also talked about parking and causing a nuisance to other residents as parking is a pain in the behind round my way BUT I explained that I would include parking in my policies and insist clients were mindful of where they left their cars, that drop off and collections would be kept as short as possible, they would be encouraged to make an appointment and come back at a mutually agreed time if they wanted to have a lengthy chat and that they would more than likely have staggered arrival and departure times therefore not causing a massive issue in terms of lots of cars being outside at the same time
    *I also mentioned that most of my neighbours are out at work during the day so wouldn't be disturbed by the children in my care and that several of them have their own children so hearing children in back gardens is very common. Plus we'd be out at groups or parks or walks half the time anyway!
    *Core hours are 8am-6pm so there won't be children coming and going at unsociable times
    *I ended by saying that I was happy to forward copies of my reg certificate, public liability insurance, correspondence with the Council planning department etc once registered for them to keep on file

    Wow, I was clearly quite desperate for them to say yes! I hope the above helps and that you get the answer you need - I remember how nervous I was when the reply came from my housing association so I feel your pain. Good luck!

  5. #5
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    Hi
    Thanks I have just written a letter and wonder if someone could read it? Am trying to upload it but its taking ages, I will pm you if your able to read it and give me any advice on it. Do I need to add anything else and is it ok to send?
    Thanks in advance

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    More than happy to read it for you hun...pm away! x

  7. #7
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    Default Landlord has said 'No' :(

    After writing a letter and emailing to my agency and them forwarding it to our landlord, he has come back saying no to childminding. . The letter asked for my landlord to contact me regarding Childminding but he hasn't bothered talking to me directly he's gone through the agency (yea, I know some like to not speak to tenants- which I find very rude!) I am very upset as we have just moved here and was lead to believe that I could childmind in the property. I know I should have got written permission before moving and signing any agreement (wouldn't have taken the house if knew I couldn't mind) but since looking at the house and speaking to the agency I have been unable to speak to the landlord directly (feels like he doesn't want to be involved just wants to be a silent party) since viewing the property til now living in it. I have been registered since March 2012 and thought moving up North would be a fresh new start. I now don't know what to do with myself. I have two young children to care for and my partner works full time. I still want to look after children but was so looking forward to doing it in my own home. I don't know what to do about my registration etc. as I don't want to give up childminding and then in a year or so I want to do it and would have to register all over again.

    Please does anyone have any advice for me. I am stuck , I need to find something as I can't do the same thing everyday and need to help pay the bills etc. Thanks in advance.

  8. #8
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    I'm not making a value judgment here nor having a go; just looking at things how they are from the information provided.

    I think you have 3 options:-

    1. Present a reasoned case to the agency that might change the landlord's mind. But accept the fact that it's his property and his right to choose, so your pleas may well fail.
    2. Accept that to stay in the property means giving up all ideas of CMing.
    3. Move to another property where you have an advance agreement that you may CM there.

    I know this sounds harsh, but I wouldn't want you to be anything other than realistic. I wish there was an easier answer.

    I don't think you can force your landlord's hand on this. Indeed, he may have no choice in the matter, especially if he has not yet bought the house outright. There are frequently conditions in mortgages or covenants in the property deeds that forbid business use of domestic premises. And yes, CMing is a business by every normal definition of the word: it's just that some agencies, landlords, insurers, etc. choose to waive their usual restrictions in the case of CMs. Bear in mind the restriction against businesses would also cover activities that would appear completely non-disruptive to the landlord, such as a person working alone on book-keeping, or running an entirely web-based company, etc. - so I wouldn't be at all surprised if they thought having children in their property would be a complete non-starter.

    Even if you could legally force your landlord to give permission, he isn't likely to be happy; so the likely outcome would be that he'd probably give notice or refuse to renew the tenancy when the time comes.

    I'd also say your landlord is not being rude (and I'm no fan of private landlords or even private property for that matter.) He has simply chosen to use an agency and is quite reasonably making use of their full service, for which he probably surrenders quite a hefty fee.

    Tbh, if I read your OP correctly, you seem to have initially been given the ok by the agency, who then retracted that permission. This might give you a legal case against the agency. But I am not sure and not qualified to give advice on this, so can only suggest you take proper legal guidance. In any case, it does appear you freely agreed not to CM when you signed the tenancy agreement.

    What I really don't understand is why you kept asking the agency if you had permission when they'd already said "yes". It's kinda as if you expected a refusal and kept on poking until you got one. Forgive me if I've misinterpreted.

    I do sympathise and hope you find a solution that sees this all end happily.

  9. #9
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    Landlords pay agencies to manage the premises as they don't have the time, it isn't because they can't be bothered - don't take that personally.

    My advice is to go back to the agents, make an appointment to see them, sit down with the Lettings Manager and explain what has happened. If they still cannot get permission for you to childmind ask to be relocated to another premises that they let. This way all your fees for references etc are not duplicated.

    You also have legal advice somewhere. Not sure about MM but Pacey have a 24 hour advice line where they give you advice on any subject.

    Sorry you are in this situation.
    Debbie

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  11. #10
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    If the landlord has refused im sorry to say there isnt really anything else you can do. If you dont want to give up on child minding your only option is to move to a property that will allow you too. If you have a yearly contract so cant move until thats up I would called shelter and explain all this. I am pretty sure they will say you have a case you can make against the agency for leading you on. I would call the agency and be demanding that because they mislead you into renting the house the contract is void so you are free to move out before the year is up. If they say no tell them you are taking it further. Shelter will give you better wording to say.

  12. #11
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    To be honest if landlord doesn't want you doing CMing, fighting it won't help anybody, landlord will just do his best to make your life difficult.

    As a landlord myself, I have to admit despite being a CM I wouldn't want a CM working in my property. It's my pride and joy, done up very nicely and no deposit or insurance could cover the hard work and effort I've put into making it that way.


    The best solution is to find another property although you will be out of pocket along the way. Other solution is to see if any CMs in your area need an assistant.

 

 

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