Most rental agreements include clauses prohibiting certain activities, such as subletting or dealing drugs. However, a new trend has emerged: landlords banning tenants from working from home. This has sparked controversy, with many tenants finding it unreasonable and unfair.
Social media platforms are buzzing with stories of landlords restricting working from home, even in rooms equipped with desks, despite charging high rents. Some landlords are charging over £1,000 per month for cramped rooms in shared properties, while explicitly stating ‘no WFH’ in their advertisements. While exact figures are hard to come by, searches on Spareroom reveal numerous listings in London alone with this restriction.
Many on Twitter have expressed their outrage at this practice, questioning its legality and arguing that tenants should have the right to utilize their rented space as they see fit. While it might seem like an infringement on personal freedom, legal experts confirm that landlords are indeed permitted to ban working from home or charge extra for access to shared facilities.
Shelter’s legal team explains that while the restriction may appear unreasonable or unfair, landlords can justify it by arguing that the rent reflects the imposed condition. This makes it unlikely to be considered an unfair term under the Consumer Rights Act 2015.
However, the situation differs when tenants conduct a ‘trade or business’ from the property, such as running a hairdressing salon from the living room or selling goods from the kitchen window. Such activities are generally prohibited in most tenancy agreements.
Furthermore, the landlord’s rights regarding eviction for rule breaches vary depending on whether they are also a resident in the property. Tenants with a live-in landlord can be evicted for any reason with notice, while others require a court order. This ambiguity further adds to the precarity of the rental market in the UK.
Experts emphasize that the solution lies in addressing the broader housing crisis. Polly Neate, chief executive of Shelter, highlights the lack of affordable social housing and the imbalance of power in the private rental sector, where landlords can dictate unfair terms knowing tenants have limited options.
To improve tenant rights and make renting more affordable and secure, a bill strengthening tenant protections is crucial. Ultimately, building a new generation of social homes with rent tied to local incomes is the long-term solution to alleviate pressure on the private rental market.
Until then, renters are advised to carefully review and understand the terms of their tenancy agreement before signing. This will help ensure that their housing needs are met and that they have a suitable environment to work from, if necessary.
This situation highlights the need for a fairer and more secure rental system in the UK. It emphasizes the importance of advocating for tenant rights and promoting policies that address the housing crisis and create a more balanced and equitable rental market.
