CM Club help help help!!!!

[Numberfour]

We have to move out of our rented accommodation because our neighbour is causing havoc (understatement).

We have been in the same house for over 6 yrs with no problem and landlord knows about me childminding.

We have found a new place to move and told agency that I would be minding, and landlord is satisfied that that takes place.

F*cking agency now says that they cannot proceed to let us the house because it would change the assured shorthold tenancy to a commercial one.

She also said that it would affect the insurance but new landlord owns house outright so that would be irrelevant - even if it did affect the insurance, the agreement would be between her and the ins co and not the mortgage provider. Agency seems to accept that.

BUT how on earth do we get past the assured shorthold residential tenancy but so that I can get the house but still childmind?????

(Will post this in legal, too)

Agency said that they could let us have the property if I wrote a letter and said that I would not be childminding there?????

desparate miserable bump

can you not do it without agncy if new landlord is happy for you to childmind?

I have been thinking of that - and have tried to locate her via the land registry. The agency will not give me her contact details and I doubt that they have passed on to her my thoughts and suggestions on the matter.

I will try again to find her via the LR later today.

Thanks, Mummyquilliam.

Fairly certain that Childminding is exempt from these regs. After all, you wouldn't be paying business rates, but domestic council tax. What category would a self employed plumber or decorator be classed as if they traded from home address?!? And to operate a business premises doesn't it have to have planning permission and be given a classification? Perhaps you could get something from you local authority to prove that you should be under a domestic tenancy agreement?

It isn't a commercial tenancy as it is first and foremost a residential premises, and just happens to be one on which you carry out your business. Like any self employed person who works from home.

If you were setting up a nursery then you would need a change of use under the User Classes Order, and a commercial lease. But you are not.

It sounds like the agent just can't be bothered to add a clause or addendum into the tenancy agreement to grant you permission to use it for work purposes.

Re the insurance I am not an expert but public liability and contents are obviously for you to deal with and nothing to do with the landlord. The landlord may need to notify his buildings insurers, but I can't see why that would be a big headache. Presumably you could offer to cover any marginal increase in premium that there may possibly be? Like I say though am not by any means and insurance expert

Because I was curious (and I needed to speak to them anyway), I asked my landlords building insurance provider if they would cover my rental property if my tenant were to run a childminding business from it. Unfortunately they wouldn't...but there must be plenty who will. Sorry.

hope you have found a resolution x x x

Seems that we had a lucky escape.....

A very good CM friend of mine says that a CM of friend of hers moved to the area where this house is. Apparently there is VERY little childminding work available there and the woman who moved there was terribly unhappy for a long time.

Seems that it will all work out for the best after all.

Thanks, BALD. I have been in contact with another agency who says that they can make the appropriate changes to the contract to allow for my childminding if the landlord agrees. We have seen another house that we like so fingers crossed.

Childminding is not considered running a business from home with regards to the council.
I am certain of this as I have rented several different properties while being a childminder and have had to get it checked out with every new landlord or agent.
The answer has always been the same.

So did you find it fairly easy enough to find a landlord who would agree, brazenhussy?

Perhaps I should get a letter from our council confirming the same while I continue the search

No not easy at all.

Childminders were the lowest of the heap of undesirables, below DSS, pets and children

I was in all 4 catagories so very desirable indeed

My father has this idea of "wimmen and children" - and in South African law (my original home country) it was a case of women, children, lunatics and homosexuals!