SearchUsing rental home for business
Todd asks:
(updated on Monday, January 23rd 2017)
My tenant has started a chiropractic business in the property he rents from me.
He never discussed this with me and I prefer that it would not be done, but I did not specifically prohibit such activity in our tenancy agreement.
Do I have a right to request that my property not be used this way? Would I be liable for damages if his patient were injured by his activity?
Our Experts Answer:
Where a tenant is using a part of a rental property for a home business, but is still using it primarily as a residence, then they may be within their rights under the Residential Tenancies Act. However, any business activities on the property must be lawful, and the tenant must continue to meet their responsibilities under the Act, such as ensuring they do not interfere with the reasonable peace, comfort and privacy of their neighbours.
Check with the local council to make sure that the use of the property for a particular business activity complies with local bylaws, council zoning and land use requirements. You should also check whether using the residential property for business purposes will affect your insurance. If you have any concerns about potential liability for the use of the property or professional negligence, speak to your insurer or get independent and expert legal advice.
When you have all the information, discuss the matter with the tenant. If you cannot resolve it, and the tenant is in breach of their obligations, there are steps you can take. To learn more, go to https://tenancy.govt.nz/disputes/breaches-of-the-residential-tenancies-act/. For more on the rights and responsibilities of landlords and tenants, visit our website or subscribe to our e-newsletter Landlord News.
Most Read
| Unity First Home Buyer special | 3.99 |
| SBS FirstHome Combo | 3.99 |
| TSB Special | 4.39 |
| Co-operative Bank - First Home Special | 4.39 |
| ICBC | 4.39 |
| SBS Bank Special | 4.49 |
| Unity Special | 4.49 |
| ANZ Special | 4.49 |
| Westpac Special | 4.49 |
| Kiwibank Special | 4.49 |
| Co-operative Bank - Owner Occ | 4.49 |
| ICBC | 4.59 |
| ANZ Special | 4.69 |
| TSB Special | 4.69 |
| BNZ - Std | 4.69 |
| Wairarapa Building Society | 4.79 |
| Nelson Building Society | 4.87 |
| Westpac Special | 4.89 |
| Co-operative Bank - Owner Occ | 4.89 |
| Kiwibank Special | 4.89 |
| SBS Bank Special | 4.89 |
| Unity Special | 4.89 |
| ICBC | 5.19 |
| Westpac Special | 5.29 |
| TSB Special | 5.29 |
| BNZ - Std | 5.29 |
| SBS Bank Special | 5.69 |
| Co-operative Bank - Owner Occ | 5.69 |
| Kainga Ora | 5.69 |
| ASB Bank | 5.69 |
| AIA - Go Home Loans | 5.69 |
| Kiwibank Special | 5.79 |
| Westpac | 5.89 |
| SBS FirstHome Combo | 3.29 |
| AIA - Back My Build | 3.34 |
| SBS Construction lending for FHB | 3.74 |
| CFML 321 Loans | 3.95 |
| Co-operative Bank - Owner Occ | 4.99 |
| Co-operative Bank - Standard | 4.99 |
| Heartland Bank - Online | 5.30 |
| ICBC | 5.39 |
| Kiwibank - Offset | 5.65 |
| Kiwibank | 5.75 |
| Unity Standard | 5.79 |
