Tenants are allowed to do some work or business from the rental property.
But can tenants work from home full-time and in what capacity?
This Decision of Interest looks at these questions and more.
Case Background:
The tenant, a licensed immigration advisor, operated her business from the rental premises. The landlord alleged unauthorised commercial use, seeking compensation of $100 per week for 40 weeks. However, the tenant clarified that her work solely involved using her laptop and phone at the premises, with no client visits occurring.
Legal Authorities:
Section 40 (1) (b) of the RTA outlines that tenants are required to ensure that the premises are occupied principally for residential purposes. This means that tenants are obliged to use the rented property primarily for residential activities but can conduct some business.
Analysis:
The Tribunal noted the widespread adoption of remote work, particularly due to the COVID-19 pandemic…
So, what was the outcome? And what considerations must you take into account if a tenant is operating a business from home?
