Social Tenancies: Home-working

Baroness Gardner of Parkes Excerpts

Thursday 13th March 2014 Lords Chamber

[Earl Attlee]

My Lords, the noble Lord has not disappointed me one little bit: I was certain that he would not be able to resist this opportunity. The spare room subsidy encourages people to make full use of their property and to consider running a small business—which I think is highly desirable.

[Baroness Gardner of Parkes (Con)]

My Lords, is the Minister aware that under planning law you are entitled to carry out any sort of business if it is your own property, provided that it is subsidiary to the residential use? I had a dental surgery in a house we lived in and that was permitted. Has the law changed, or is a restriction in the lease imposed by the landlord preventing tenants having this right?

[Earl Attlee]

My Lords, the matter we are discussing is a restriction in the lease which can appear to discourage tenants from carrying on their business. Some leases are drafted in a way that makes it clear that the landlord is likely to agree to sensible variations, while other leases appear not to be so helpful. A properly educated person will realise that there is a distinct possibility, whereas others could be discouraged. I think that that is one of the issues that my noble friend Lady Grender raised with me.