The increase in remote working has fundamentally altered how people use their homes, with many dining rooms and spare bedrooms now doubling up as offices. Indeed, according to recruitment agency Hays, around 39% of employees in Scotland are said to be working in a hybrid way. However, this trend has led to a question being asked among Scottish tenants and landlords alike: Can a landlord actually stop somebody from working from home? The answer, as with many legal questions, hinges on several factors, including the terms of the tenancy agreement and the nature of the work being done.
The legal framework
In Scotland, tenancy agreements govern the relationship between landlords and tenants, outlining the rights and responsibilities of both parties. They typically specify how the property can be used, often indicating that it is for residential purposes only. However, with the increasing prevalence of home-based work, the line between residential and business use has blurred, leading to potential conflicts.
If the tenancy agreement has a clause explicitly stating the property is for residential use only, and prohibits any form of business activity, a landlord might have grounds to object to a tenant working from home. However, many tenancy agreements do not specifically address working from home, especially for typical home office work.
Similarly, if the agreement includes a clause requiring the tenant to seek permission before using the property for business purposes, the tenant is required to obtain the landlordâs consent. Should the landlordâs consent be unreasonably withheld, this could then be challenged accordingly.
The nature of the work
If the nature of the work involves simple home office activities, such as using a computer, phone and internet, it is generally considered to be part of normal residential use. In such circumstances, it is unlikely a landlord would have strong enough grounds to object. This activity does not typically increase wear and tear on the property, nor does it involve regular visits from clients or customers, and there is no noise generated that might affect or disturb neighbours.
However, if the work involves significant changes to the property (such as converting a room into a workshop, or having clients regularly visit), itâs a different story. Under such circumstances, a landlord may have more justification to refuse permission due to concerns about damage to the building, noise, or increased traffic in the local area. The same goes for if business-related materials are stored on the premises, as these could increase the risk of damage or liability.
Plus, the type of property should also be taken into account – if a personal trainer is working in an apartment or flat, for example, the neighbours below may not appreciate the sound of loud music, running or dumbbells being dropped on the ceiling above them!
A landlord may also have valid concerns and grounds to object if the tenancy agreement explicitly prohibits business use, or if any work-related activity could affect the propertyâs insurance coverage or compliance with local regulations.
Legal and practical considerations
If a tenant working from home could potentially breach health and safety regulations, or invalidate insurance policies, the landlord may have a valid reason to prevent it. After all, landlords have a legal responsibility to ensure that their properties are safe, and if a tenantâs activities pose a risk, this could justify action. In addition, if the property is leasehold, the freeholderâs rules might restrict business use, which could also influence the landlordâs stance.
Furthermore, if the tenantâs work could potentially reduce the propertyâs value or make it more difficult to rent out in the future, the landlord might be justified in objecting. For example, significant alterations to the buildingâs structure or use could have long-term implications for its marketability.
Landlords should also be aware that, under Scottish law, they are expected to act reasonably. So, if a tenant is working from home in a way that neither significantly impacts the property nor violates the tenancy agreement, any attempt to prohibit this could be seen as unreasonable. Tenants who feel that their landlord is acting unfairly may have grounds to challenge any restrictions imposed.
Communication and negotiation
If a tenant plans to work from home, it is wise to discuss this with the landlord, especially if it involves anything more than simple, desk-based tasks. Being open about the nature of the work should help tenants reach a mutually agreeable situation where they can work from home, while also addressing any concerns the landlord might have.
For landlords, understanding the tenantâs needs and the potential impact on the property is crucial. In many cases, landlords may be willing to allow home working if the tenant can demonstrate that it will not negatively affect the property or violate the terms of the tenancy agreement. As previously discussed, this might involve adding a specific clause permitting home working under certain conditions.
Fundamentally, there is no right to stop a tenant from typing, phoning, reading, or even interviewing a customer in person. A landlord only has the right to come into the flat for inspection of the fabric of the residence, and on proper notice, not bursting in to catch a tenant out. At the end of the day, it comes down to common sense. If a bedroom has a workstation and files or books piled high, thatâs fine. If there are boxes of retail stock stored in the flat waiting to be shipped to customers or a shop, probably not.
What can be done if there is a problem?
Other owner-occupiers may be able to invoke the title deeds and seek an order stopping the offending owner from operating. They could also seek a sheriff court interdict – an order forcing the individual to stop any activity disturbing the residential peace. If it is a tenant, the neighbours can still seek that interdict, but the landlord can also seek an order evicting the tenant if they are in breach of the lease terms.
So, can a landlord stop someone from working from home? Well, it depends on the specific circumstances, including the tenancy agreement and the work being conducted. If they have legitimate concerns about business use of their properties, simple home office work is generally not something they can prohibit. However, more substantial business activities that could affect the property, its value, or compliance with regulations may give them grounds to intervene.
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John Roberts is a Partner and Director at Austin Lafferty Solicitors. John has been with the firm for almost 20 years, with experience in all areas of business law.
