Home is where the work is!

You don’t need me to tell you that the ability to work from home has moved from almost unheard of to the norm in the last few years.

With the increase in efficiency of technology (such as the internet), hastened by the COVID lockdown, the phrase hybrid working has become not just routine, but almost expected. You only have to look at the number of workers resisting returning to the office to see how it has become almost expected. The Land Registry staff are going on strike rather than agree to return to the offices 3 days a week. We’re told that it won’t affect productivity, but as the LR are so significantly behind with their work, that might just be an indication that some of them going on strike isn’t actually going to make any difference, which is scary in itself.

I also don’t need to tell you of the obvious effects that this is having. Some businesses are thriving as a result, such as some of my out of London restaurant clients who love the fact that trade has increased. This is due to the number of people not going into town every day, and so being around for lunch with colleagues or early dinner with the family which would have been unthinkable five years ago. Other businesses are struggling. I know of several central London enterprises, such as small cafes and coffee shops, particularly those in the City who are struggling to make ends meet, especially on Mondays and Fridays when people are more likely to work from home.

But what I may need to tell you is the effect that working from home could have on you from a legal perspective. You may not realise it, but you may not have the automatic right to turn your spare room into a home office.

For example, if you live in a leasehold property, your lease may restrict your ability to run a business from your flat.

If you are in rented accommodation, your tenancy may say that you can only use the property for residential purposes, which would automatically exclude the right to work from home.

You may argue that “everyone else does it” and that “your landlord knows what you’re doing”. However, this doesn’t lead to an amendment to your lease or tenancy agreement. What’s more, if there is a change in ownership, the new owner may object to what you’re doing and have the right to stop you. They may even have the right to claim damages from you, if they can show that it has caused them a loss, such as not being able to let or sell adjacent properties due to any inconvenience you are causing.

Even if you own your own house, you could still be in danger. For example, there could be restrictions in your buildings or contents insurance which restricts what you can do in the property. You may feel that they’ll never find out, and you could be right, but if you need to make a claim, they may start looking. If, for instance, there is a house fire caused by excessive use of computer equipment in the property, because you’ve overloaded the system with your work-related devices, they may argue that you’re in breach of the policy and refuse to pay out.

If you think 2025 will be a year when you (or anyone in your household) are likely to spend a significant amount of time working from home, cast your eye over any leasehold or tenancy agreements, and insurance policies and double check that you’re not likely to be accidentally breaching anything. Or you can let me know if you’d like me to have a quick look for you (for no charge!) and let you know if you’re at risk and if so, what your options are.

Kleyman & Co Solicitors. The full-service law firm. Homing in on the important things.