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Freehold restriction

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  • Freehold restriction

    I'm really stuck as I've been teaching piano in my flat for a while but freehold contract says no businesses/trades/professions should be running in the flat. Does anyone know if one-to-one piano tuition might be allowed under this contract? Many thanks in advance!

  • #2
    Legally, it all depends on the exact wording of the restriction (and whether it is in fact enforceable in law) and the exact activities involved, and practically it usualky depends on the nuisance caused to neighbours and whether anyone complains. Has anyone complained?

    If so, they may be threatening to try to enforce the covenant against the freeholder who, to avoid problems, will want to stop you continuing, and that depends on what your lease says, more than on the freehold covenant itself

    As you can probably see, this is not a question that can be satisfactorily answered in a forum such as this, and I suggest you arrange a face-to-face meeting with a local solicitor, taking with you a copy of your lease and of the freehold covenant(s) and of any complaining/threatening letter(s) that have been sent

    I hope this helps
    This is based on my experience as a conveyancing solicitor in England, but I do not accept liability for information I give in this forum

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    • #3
      Thank you for your reply! You are right, someone has complained about piano playing but I practise on the piano myself sometimes which is louder than any beginner-student. The management company sent an email saying they have done "research" and it looks like our flat is used as a studio. Perhaps if our neignbours stop complaining, the freeholder will not pursue this any further...
      Does anyone know what normally happens if freehold neighbours complain about noise made during the day (in my case 1pm - 7pm)? Can I still be punished somehow even though I don't play at night hours?

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      • #4
        Many leases specifically prohibit leaseholders from making any noise audible from outside their flat between (say) 11pm and 7am, but that clearly does not apply to you. Further, while you do carry on a "business" in your flat, that is not the same as using it for (exclusively) business purposes - your business use is ancillary to your main use of the flat as your residence. So, I do not think your landlord will find it easy to stop you giving piano lessons in the flat unless you are in clear breach of a specific restriction

        However, you may want to Google "noise nuisance" to see the sort of advice that is given by central and local government on the subject generally
        This is based on my experience as a conveyancing solicitor in England, but I do not accept liability for information I give in this forum

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