# Working from Home in Rented Accomodation, Is it Legal/Possible to Do?



## blobert (18 Aug 2009)

Hello,

I'm starting a new online store. To begin with I'd like to start the business from home, I have plenty of room in my apartment to store the stock (items are quite small) and I would not need to move to a larger premises until the business grew substantially. The business would not involve customers calling to the apartment and would not cause any inconvenience to other residents. I'd be starting up as a Ltd company as opposed to a sole trader.

Is it possible to do this? I've found a few posts on UK forums that suggest it is but I cannot find anything Ireland related.

I'm imagining if it is possible it would involve changing the details of my lease.

Any advice/opinions would be much appreciated.

Thanks


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## Purple (18 Aug 2009)

Don’t have your apartment as the registered address, tell your landlord, organise your own contents insurance and you should be OK.
You are then working from home (which is fine) but it is not your company’s office.
The only problem you could face is holding stock at home. If the value is not high then it shouldn’t be that big a deal.


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## Graham_07 (18 Aug 2009)

Main issue ( as you mentioned) is does your landlord have any issue with you running a business from there? Also are there any issues regarding being possibly liable for commercial rates? 

If these are satisfactorily resolved then Revenue and CRO would have no problem with registering or running business from there.


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## mathepac (18 Aug 2009)

I don't agree with the previous posters.

Even if you get agreement from your landlord, a waiver from the local authority regarding commercial rates, insurance to cover your stock and so on, agreement from the Revenue and CRO, you cannot run a commercial enterprise from a rented apartment.

The management company (NOT the managing agent) which is legally responsible for maintaining common areas, ensuring compliance with residential fire regulations, negotiating and paying the block insurance and for employers and public liability insurance, has a lease in place with the landlord which I can guarantee prohibits the use of any of the units for commercial purposes. This lease is inflexible and non-negotiable.


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## Purple (18 Aug 2009)

Good point mathepac, that would change things.


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## Bronte (19 Aug 2009)

Goodness Mathpac that's an awful lot of red tape to prevent someone trying to start a small business.  I don't know how some people manage to do so with all that.


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## blobert (19 Aug 2009)

Thanks for the replies guys.

That does not sound too promising.

I searched for my address and it looks like the previous tenant ran some kind of business from there also, I suppose he must have been doing so illegally?

I guess the alternative is to use my family home in that it should prevent less obstacles if it is owned outright?

Thanks


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## Purple (20 Aug 2009)

blobert said:


> I guess the alternative is to use my family home in that it should prevent less obstacles if it is owned outright?


 Yes, and just work from home (your rented accomodation) but keep stock etc at your family home.


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## mathepac (20 Aug 2009)

blobert said:


> ... I guess the alternative is to use my family home in that it should prevent less obstacles if it is owned outright?...


You run into a lot of the same problems - commercial operations in a property designated as residential, trade goods stored in a residential property will undoubtedly effect home-owner insurance, deliveries of trade goods to a residential address, packaging and shipping them from a residential property - all activities frowned upon by the local authority, residents, etc.


blobert said:


> ... I searched for my address and it looks like the previous tenant ran some kind of business from there also, I suppose he must have been doing so illegally? ...


That's not surprising, people do all kinds of selfish things, particularly in rented accommodation, not caring about  consequences for others.

A nearby estate  (coincidentally where my cousin who has two little children bought her first house) has helped shut down 5 operations in the last 3 years or so  (two selling cars "privately" and three retail sales operations). They'd suffered huge increases in volumes of traffic in and around the estate (a few very young children in the 40 or so houses), lunatics "test-driving" cars, plus commercial vehicles in and out of the place with early morning deliveries (5:00am was not uncommon) and late collections. Calls and letters to the council, the Guards, Revenue, PRTB and Social Welfare sorted it eventually.

Initially they tried contacting the landlords but they might as well have spoken to the Man in the Moon for all the difference it made. Three of the houses have now been vacant since late last year.

None of this is to suggest that OP would engage in or precipitate any of the actions above, but once one person sets up, it can be the thin end of the wedge. Commercial properties are designated as commercial for good reasons.

BTW, as I've posted previously, there is a difference between "Working from Home" (make a few calls, type a letter or two, use the interweb) and running a business from home.


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## blobert (12 Sep 2009)

Thanks for the detailed reply.

Can you see a way around renting a commercial premises?

It's going to add a huge amount of expense and I'd rather wait until the business was established before having to make such an expense.

Any further advice would be much appreciated.


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## mcaul (12 Sep 2009)

I'll give you a more positive angle.

As your business does not involve  members of the public calling to your doorr there is nothing in the law that prevents you from running the business. Most sales agents, some accountants and many barristers operate their business from a room in their home. 

Having a courier call once a day will not affect this view.

The landlord - particularly in the current market - won't have a problem and neither should the management company once the business does not affect any other residents.


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## oldnick (13 Sep 2009)

One small caveat to add to mcaul's sensible comment. 
Perhaps you can ask an insurance expert -not the one involveD in your building - whether the goods you are storing are in any way dangerous,  such as the guy I had in one of my apartments who stored a couple of hundred bottles of raki. (sounds a lot but was only about 20 boxes) My insurance guy went bonkers -said it would invalidate fire  policy...
O.K. extreme example but just in case...
Otherwsie go ahead as planned. Mathepac is ,of course, legally correct but in your case mccaul is right.


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## blobert (13 Sep 2009)

Thanks for the replies guys.

Am thinking of using a virtual office company as the registered business address, there seems to be plenty of them offering this service so that should solve the problem of not having to display my home address on the website.

Will discuss the issue with my landlord and see if he's ok with it, if not can run from family home if I can sort out relevant insurance etc.

As I said, I'm only planning to do this for a few months maximum, if the business plan works I will be moving to a more suitable premises quite quickly, I just don't want to commit to a lease before I'm sure it will work.

And finally, the items i'm planning to sell could not be described as remotely hazardous (I'd be impressed if it was possible to do something dangerous with them so that should be alright.

Thanks again for all the advice, I really appreciate it.


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## 180girl (6 Oct 2009)

Hi Blobert - I'm in exactly the same situation as you - am trying to get off the ground with no money coming in yet. Currently trying to set up online sales of v small items (related to beauty). I wouldn't have anyone calling to my door as I post the product out to clients. Am very worried about getting charged rates by the council. My accommodation is rented. I need to have the business name registered in order to register with suppliers in the states.. Have you come accross this problem yet?
Thanks for any advice..
180girl


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