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Business address and rental contract

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Miguel Sopena

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Posted
<div>Hi there, I'm very pleased to join the forum. I am a painter and I have finally decided to register as self-employed. I live in rented accommodation and I paint at home, however my contract states that the tenant 'will not carry out in the property any profession, trade or business'. My letting agency and landlord already know I make art in the flat and I would not ordinarily be receiving any customers at home or making any sort of nuisance, alterations to the property etc. Can I legally give my home address as my business address in my invoices, bank business account etc or am I likely to get into trouble? Should I have a word with the letting agency, and what are they likely to say? How have other people got round this issue...? Thanks in advance for any replies! All best Miguel Sopena www.miguelsopenaarts.com </div>
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Alan Green

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Posted
You need to talk to your lawyer, but your bank and your customers won't care. The only person interested is your landlord - he may not care either, but it's a standard rental contract term and you might be able to get him to agree to take it out.
michael

Michael Edwards

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Welcome to the forum Miguel. Firstly from your website you appear to be based in the UK (Islington?) and thus English law applies. This being so the reason why such clauses are usually included is to provide what is known as quiet enjoyment of the premises by other tenants and neighbours, to ensure the premises are not brought into disrepute and to protect the integrity of the building and its structure. In the first instance you do need to discuss this with your landlord and he may not have any objections if you merely intend to restrict your activity to painting within your four walls. However he is far more likely to object if your tenancy is overtly indicative of commercial activity - clients regularly calling and general excess activity.