# Can they operate a business in a rented apartment with a common entrance?



## shesells (22 Feb 2009)

We found out over the weekend that a neighbouring apartment is rented out to a person operating a sports injury clinic from their home? To me it doesn't seem right that this tenant is traipsing people through the common areas, admitting them to common areas and being covered by our development's insurance? The block has 8 apartments with a common entrance so there are strangers being admitted to the main security door. 

Even if it was owner occupied I'm not sure I'd be too happy at subsidising their insurance costs!


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## mercman (22 Feb 2009)

The lease of the apartment should clearly state that the apartments are not to be used for the purpose of running a business. Have a read of the lease and if it states such an item lodge a complaint with the MC.


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## Complainer (22 Feb 2009)

They would probably also need planning permission to change use from residential to commercial, so you might want to check with your local authority planning dept.


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## shesells (22 Feb 2009)

Thought so. Found a copy of the common entrance leases and it does indeed state this. Next stop management agent in the morning!


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## mercman (22 Feb 2009)

shesells said:


> Thought so. The lease does indeed state this. Next stop management agent in the morning!



No point in going to the Managing Agent He takes his instructions from the Management company.


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## shesells (22 Feb 2009)

Sorry should have mentioned that I am a director of the management company, I usually do. It's just the first time we've come across this and wanted to be sure before we start proceedings.


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## Bessa (22 Feb 2009)

Hi my Management Co. had this problem back in 1999, An estate agent opened an office just at the front door in a one Bed. Apt which he owned. The Man. Co. had to take him to court to close him down, even though it was written down in the Apt. rules.


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## mercman (22 Feb 2009)

shesells said:


> Sorry should have mentioned that I am a director of the management company, I usually do. It's just the first time we've come across this and wanted to be sure before we start proceedings.



shesells. i'm surprised at you !! You are normally the one to offer help to heaps of others.


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## Bubbly Scot (23 Feb 2009)

mercman said:


> shesells. i'm surprised at you !! You are normally the one to offer help to heaps of others.



She's a belts and braces kindda gal!  

Your standard lease agreement wouldn't allow for a business to be run. Some MC's _might_ turn a blind eye so long as Joe Public wasn't traipsing through.

Chances are, no extra insurance premium is being charged for the commericial outlet which is worrying as it might make some claims on your insurance null and void.


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## shesells (23 Feb 2009)

Thanks you two!! I know, this is the first time we've come across this situation. Most knowledge I share is stuff I've learned from experience and this is a new one.

Having one of those weeks in the development where we've learned of several people taking the p*ss when it comes to keeping the development a pleasant and safe place to live


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## mercman (23 Feb 2009)

shesells said:


> Having one of those weeks in the development where we've learned of several people taking the p*ss when it comes to keeping the development a pleasant and safe place to live



Now you know what I went through in 2007 with the genius above me installing a wooden floor and a power shower. It's a real pain with people who think they can run a Monopoly in a block of apartments.


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## shesells (23 Feb 2009)

There's definitely something in our leases banning wooden floors in single floor apartments and on the lower floor of duplexes which are over another apartment, I remember the solicitor pointing it out to us at purchase!


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