Tenants husband running business from property

[Simms]

We had a tenant move into one of our properties in 2023. There was a contract and it was to be renewed in 2024 a year later.
it didn't happen. Does this mean the tenant is now out of contract?
I have now found out that her husband is running a business from the property and I was not asked permission.
Where do i stand with this.

Thanks in advance

[islandgirl]

Is this a residential property? Let on an AST? If so the tenancy would become periodic at the end of the fixed term (google periodic tenancies)

[Simms]

Will ask my partner . Thank you

[PallasAthena]

If it was an AST that is now a periodic tenancy any clauses in the original AST banning running a business still apply.

[Simms]

Thank you

[atticus]

First of all, is this a problem for you?

Second, is this specifically prohibited in the tenancy agreement?

If it is, you may seek possession under s8 Housing Act 1988, relying on ground 12 in Schedule 2, breach of terms of the tenancy agreement. But understand that this is a discretionary ground - the court will look at all the circumstances before reaching a decision.

My recommendation is to write requesting a cessation of the business activity within a specified time.

[PallasAthena]

You haven't said what sort of business.

Is he carrying out manufacturing work on the premises?

Is he storing stock and materials on the premises? Of so, what?

Do customers and/or suppliers visit the premises?

All the above could be an increase in risk, could inconvenience neighbours, and possibly breach council planning rules or the insurance for the premises or requirements of a head lessor or mortgage company.

[Simms]

Hi
he is registered as a logistic business with these codes

• 49200 - Freight rail transport
• 49410 - Freight transport by road
• 50200 - Sea and coastal freight water transport
• 51210 - Freight air transport

we suspect he is not manufacturing work on the premises, but storing stock, which from the boxes outside the property appear to be food items. Hence the mice infestation that has taken place. From the website it says that you can visit their location and hours are mon - fri 8am - 5pm.

[atticus]

Mice infestation... We are now getting somewhere. Look at the tenancy agreement and consider serving s8 Housing Act notices (see earlier post).

[islandgirl]

Agreed but getting possession is extremely difficult on S8 - as Atticus has pointed out it is a discretionary ground. Contact the council about the business issue. If tenancy is periodic AST issue S21 notice - 2 months I believe required for the LL. But - first make sure you have all the paperwork correctly in place - gas cert, right to rent info etc or you will get nowhere. There are lots of S21 checkers online.

[Simms]

Thank you both. It was confirmed that there is food as in yams etc being stored in boxes, inside the house, in the garage and outside the house.