Landlords Seek to Restrict Lodgers Working from Home

In a recent development within the housing sector, landlords are increasingly attempting to restrict lodgers from working from home. This move has sparked controversy and raised questions about the rights and limitations placed on different types of occupants within a property.

An article in the Independent Worrying trend of landlords banning tenants from working from home | The Independent has raised some eyebrows in the industry, the article lacks clarity and leaves the reader believing this trend is suffocating the rights of tenants.

The property advert that is under discussion actually relates to a live-in landlord, this set up is very different to that of a tenant who rents a dwelling separately from that of the property owner.

Lodgers vs. Tenants: Understanding the Distinction

It is crucial to distinguish between lodgers and tenants when discussing this issue. Lodgers, who typically rent a room within a landlord's primary residence and share common areas, do not have the same legal protections as tenants. Unlike lodgers, tenants have exclusive possession of a property and are covered by more extensive legal rights, including the right to work from home.

Lodgers’ Limited Rights

Landlords argue that allowing lodgers to work from home can lead to several issues, including increased utility costs and wear and tear on the property. Additionally, landlords express concerns about the potential for lodgers to blur the lines between living space and workspace, possibly transforming residential areas into business environments.

Given the nature of a lodger's agreement, landlords often retain greater control over the terms of occupation. This allows them to set specific rules and conditions, including prohibitions on working from home. The legal framework supporting these restrictions on lodgers is generally upheld, as lodgers are not afforded the same statutory protections as tenants.

Tenants’ Right to Work from Home

In contrast, tenants, who have a more formal and legally binding rental agreement, possess the right to work from home. However, this right does not extend to running a business from the property without the landlord's consent. Landlords can seek to exclude a tenant’s right to work from home within the terms of the lease, but they must tread carefully to avoid breaching the law.

The Small Business, Enterprise and Employment Act 2015

A key piece of legislation relevant to this issue is the Small Business, Enterprise and Employment Act 2015. This Act stipulates that landlords cannot unreasonably refuse a tenant’s request to work from home, subject to several exclusions. This provision was introduced to support the growing trend of flexible working arrangements and the increasing number of people working from home.

Balancing Interests

The tension between landlords and lodgers highlights the need for a balanced approach that considers the rights and responsibilities of both parties. For landlords, clear communication and well-drafted agreements are essential to prevent misunderstandings and conflicts. Lodgers, on the other hand, should be fully aware of the terms of their occupancy and the limitations it entails.

As the nature of work continues to evolve, with remote working becoming more commonplace, the housing sector must adapt to these changes. Ensuring that both landlords and lodgers are informed of their rights and obligations will be key to maintaining harmonious living arrangements and addressing the challenges posed by the modern working environment.

Equally tenants must be aware that working from home and running a business are separate undertakings. If the tenant is to receive and service clients at the property or take delivery of stock to be sold from and stored at the premises, then this could cross the line into making the residential dwelling into one that is classed as commercial.