July 9th 2024.
The concept of hybrid working, where employees can work both remotely and in the office, has been a hot topic in recent times. While most rental agreements have clauses listing the obvious things you can't do in a property, such as subletting or illegal activities, it's becoming increasingly common for landlords to forbid more everyday activities. This includes tenants working from home, which has caused quite a stir on social media.
One Twitter user, @HarleyShah, shared a photo of a property listing that advertised a monthly rent of £1,300 but stated that working from home was not allowed, despite the room having a desk. A quick search on Spareroom showed that this trend is not uncommon, with hundreds of ads in London alone stating "no WFH" as a requirement for tenants. And these are not just budget accommodations; some landlords are charging over £1,000 a month for a cramped room in a shared property.
Many people on Twitter expressed their outrage at this, with one user, @rorybeanz, calling it "utterly ridiculous" and another, @RobertCatesby72, stating that landlords can't dictate how much time a tenant spends in their own home. The general consensus was that if someone is paying a significant portion of their salary for a place to live, they should have the freedom to do as they please within it.
However, it seems that unfortunately, this may not always be the case. According to Shelter's legal team, it is entirely legal for a landlord to restrict tenants from working from home or charge them extra for access to shared facilities. This may seem unfair, but the landlord will argue that it is reflected in the rent, and it is unlikely to be considered an unfair term under the Consumer Rights Act 2015.
It's worth noting that this is different from conducting a business from the landlord's property, which is prohibited in most tenancy agreements. The rules also differ depending on whether the landlord lives in the property or not. If the tenant is considered an "excluded occupier" and the landlord lives on the premises, they can be evicted without a court order, as long as they are given notice. Otherwise, the landlord would have to go through the legal process of serving a notice and going to court to evict the tenant.
Unfortunately, this situation does not make for a comfortable living situation, which is something many renters in the UK are experiencing due to a lack of affordable housing options. Polly Neate, chief executive of Shelter, believes that the solution is for the government to build more social homes with rents tied to local incomes. This would provide renters with a fairer deal and ease the pressure on the private rental market.
In the meantime, the best course of action for tenants is to thoroughly check the terms of a rental agreement before signing. Otherwise, they may end up in a situation where they not only have nowhere to live but also no place to work from. If you have a similar story to share, we would love to hear from you. Please get in touch by emailing us at [email].
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