According to The Independent, an increasing number of SpareRoom ads are explicitly stating that tenants are not allowed to work from the rented property. Ben Twomey, CEO of Generation Rent, emphasized, "Tenants should have a degree of freedom in their homes after paying rent, without undue restrictions from landlords."
In practice, however, landlords can impose stringent conditions under the threat of Section 21, which allows for eviction without cause. This power dynamic makes it difficult for tenants to resist such restrictions.
"The reasonableness of these restrictions is not the issue. The issue is that tenants must comply or face the risk of eviction, which is a significant pressure."
"The next government should abolish Section 21 and explicitly prohibit unfair lease terms, such as bans on working from home, to protect tenants' basic residential rights."
One landlord noted that although there was ample space within the property to set up a workspace, tenants were prohibited from working from home. This sparked a heated discussion on Twitter and other social media, especially given the rent for the property was as high as £1,300 per month.
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However, Ben Beadle, CEO of the National Residential Landlords Association (NRLA), clarified that the £1,300 rent applied to tenants living with landlords and that Section 21 does not apply to non-assured shorthold tenancies (non-AST). Non-AST tenants have far less legal protection compared to AST tenants and may have to accept stricter terms in shared accommodation scenarios.
"I understand Generation Rent's perspective that tenants, having paid rent, should not be overly restricted by landlords in their own homes," Beadle explained.
"While I would prefer to reduce the responsibility of managing tenant behavior, the reality is that I cannot."
"My licensing conditions require me to address tenant behavior issues, and neighbors expect me to ensure tenants do not cause disturbances with activities like gardening, waste disposal, and noise control."
"Frankly, if a tenant turns my property into a site for illegal activities, I must take comprehensive action."
Shelter's legal team stated that under current laws, landlords can restrict tenants from working from home.
They told Metro, "While we may find such restrictions unreasonable or unfair, landlords can argue they have legitimate reasons for these restrictions and reflect this in the rent. Therefore, such clauses may not be deemed unfair under the Consumer Rights Act 2015."
Polly Neate, CEO of Shelter, added, "For decades, we haven't built enough truly affordable social housing, forcing renters to bear the brunt. The private rental market has surged without adequate regulation, which is extremely unfair to renters."
"Thus, landlords can impose unreasonable and unfair terms, knowing that tenants, desperate for housing, dare not challenge them to avoid losing their homes."