Renting a 'shop' - what liabilities?

Renting a 'shop' - what liabilities?

Author
Discussion

.Mark

Original Poster:

11,104 posts

277 months

Tuesday 9th December 2003
quotequote all
My daughter has a great ability in art and design, she has already done a current GT drivers crash helmet design and also some album cover art work and T-shirts for some local bands.

Unfortunately the space at home is somewhat limited and I'd love to get her some space to work in. There are a few empty shops to let with some good floor space and display opportunities and I'm seriously considering letting one primarily for her work in but, if someone was to see a piece they could come in and buy too.

Another little bonus would be I could use the room out the back to work in as my home office is lacking in space.

As she would not be a 'business' (more just using the space to fulfill a hobby)and I would not be conducting business from the office as such, what would I be liable to pay in respect of council tax/rates, public liability etc? Any ideas?

JonRB

74,804 posts

273 months

Tuesday 9th December 2003
quotequote all
Business property being put to business use*, so business rates I would imagine!

(* people walking in and being able to buy stuff is a pretty good indication of a business!)

Simpo Two

85,730 posts

266 months

Tuesday 9th December 2003
quotequote all
.Mark said:

As she would not be a 'business' (more just using the space to fulfill a hobby)and I would not be conducting business from the office as such, what would I be liable to pay in respect of council tax/rates, public liability etc? Any ideas?


It's the classification of what you buy that counts, so 'shop' = business rates, public liability, it all gets very expensive. If the only benefit is to attract the odd passer-by, the cons vastly outweigh it, IMHO, especially as the internet is a free way to trade with the whole world.

If you're really stuck for space, what about an extension?

.Mark

Original Poster:

11,104 posts

277 months

Tuesday 9th December 2003
quotequote all
Yep an extension is certainly an option and one we are considering.
I saw the shop idea as a quick fix.

what if the work was not for sale? A notice in the window could advise of a phone number or website to visit?

If items were sold, clearly it would then become a business - but a loss making one - does that alter anything?

eric mc

122,135 posts

266 months

Tuesday 9th December 2003
quotequote all
Be careful'

Running a business from home can land you in all sorts of problesms:

i) it may be prohibited under the terms of the deeds of property.
ii) you could end up running foul of your local authority - running a business usually means having to obtain planning permission.
iii) if planning permission was granted, you might end up having to pay business rates.

Generally, if your home "business" does not involve any alterations to the residential nature of the premises, then none of the above apply. Therefore, working from home using a computer or performing general "office" type work would not normally trigger a planning problem. However, carrying out any sort of "industrial process" (such as spray painting, drilling, cutting etc) could very well cause problems on this front. Also, having "traffic" in the form of a couple of deliveries a day or members of the public coming and going would also raise planning issues.

.Mark

Original Poster:

11,104 posts

277 months

Tuesday 9th December 2003
quotequote all

Thanks Eric. So are you saying the 'shop' idea is better then?

singlecoil

33,823 posts

247 months

Tuesday 9th December 2003
quotequote all
For a shop, the shortest lease you would be likely to get would be 3 years, more likely 5. One of the worst things about shops is the business rates. As long as the shop is occupied then full rates will be payable. Councils have a large population of single mothers etc to support, and businesses are an easy target.

Simpo Two

85,730 posts

266 months

Tuesday 9th December 2003
quotequote all
I don't think that a graphic designer - presumably working quietly at computer or drawing board - is going to worry anyone if they work from home. I've worked from home for 12 years.

If a shop is business-rated I'm sure you will pay business rates whatever you do, whwther you keep the door locked or not. You'd a need a change of planning permission to residential. It ain't worth the beans, really. The extra costs would simply wipe out any modest profit. Stay at home and you/she might make some money. IMHO!

eric mc

122,135 posts

266 months

Tuesday 9th December 2003
quotequote all
Having warned you off working from home - it probably is still the best option. The main thing would be to conduct the business in as unobtrusive a manner as possible - after all, it will only be a glorified hobby. As long as neighbours aren't upset in any way and a low profile is kept, I don't think you would have too many problems.

Renting a shop, or indeed any sort of business premises such as an industrial unit, is quite a big step to make with large initial outlays (rent deoposits, rent in advance etc) and many longer term rental and other financial commitments. Until a business is well established, or you are aware that there is definite work out there and a definite adequate income stream, I would not go down this path.

.Mark

Original Poster:

11,104 posts

277 months

Wednesday 10th December 2003
quotequote all
Thanks for all the replies chaps.

Best stick with how we are then. It was a nice idea for a while.

>> Edited by .Mark on Wednesday 10th December 09:47

simpo two

85,730 posts

266 months

Wednesday 10th December 2003
quotequote all
.Mark said:
It was a nice idea for a while.


Don't fret - staying at home will save you a fortune! See how the business grows. You'll know when you have to move up.

.Mark

Original Poster:

11,104 posts

277 months

Wednesday 10th December 2003
quotequote all
Yep, I guess you are right, was just hoping to avoid having 1 million different types of art materials scattered around the house

Thanks to all for the replies.

Aprisa

1,810 posts

259 months

Thursday 11th December 2003
quotequote all
Another possibility is to "share" space with an already running business, this would mean no long term commitments and vastly reduced overheads that benefit both parties.

I have offered temporary office/workspace to a couple of friends in the past as they were finding out whether to go the full hog or not.
Nick

lemansman

77 posts

263 months

Thursday 11th December 2003
quotequote all
Letting a commercial unit should be OK but watch very carefully the repairing covenants in the lease. These could be written in such a manner as to make you responsible for handing the unit back in "as new" condition - even if it was a run down shack when you took it on. It would pay to have a Schedule of Condition done at the outset (a surveyor would be able to help) just to record it's condition when you take it on. Also do not take a long lease if you can avoid it, if you sub let you can be liable for all future tenants defaults!!

EM off forum for more info if required.

Steve (Chartered Surveyor :-{ & Lemansman)

Wacky Racer

38,237 posts

248 months

Thursday 11th December 2003
quotequote all
lemansman said:
Letting a commercial unit should be OK but watch very carefully the repairing covenants in the lease. These could be written in such a manner as to make you responsible for handing the unit back in "as new" condition - even if it was a run down shack when you took it on. It would pay to have a Schedule of Condition done at the outset (a surveyor would be able to help) just to record it's condition when you take it on. Also do not take a long lease if you can avoid it, if you sub let you can be liable for all future tenants defaults!!

EM off forum for more info if required.

Steve (Chartered Surveyor :-{ & Lemansman)



Yeah, good advice.

Landlords in the main, try to get you to sign up to a "full repairing and insuring lease"...

What a load of bollox, that means if the roof collapses after you have been a tenant for three months, you have to pay for the repair , even though it's THEIR fg property, as well as insuring it for THEM.

Tread very carefully before signing ANY lease.....

.Mark

Original Poster:

11,104 posts

277 months

Friday 12th December 2003
quotequote all
Thanks guys, the last 2 posts secure in my mind even further the prospect of not moving this one forward.

The whole idea from the outset was only to give my daughter a large space to work in and display her work (for our own enjoyment more than anything), a bouns of that would have been a larger office space than I can provide myself at home (although I say office space I mean as a homeworker more room for me to do my job in and also for the wife (who is a deputy head to do all her paperwork)).

Once again in this great country of ours there is too much red tape and hassle involved in anything that doesn't involve paying taxes

PetrolTed

34,429 posts

304 months

Friday 12th December 2003
quotequote all
.Mark said:
Once again in this great country of ours there is too much red tape and hassle involved in anything that doesn't involve paying taxes


Renting space, employing people... all complete headaches.

simpo two

85,730 posts

266 months

Friday 12th December 2003
quotequote all
I hear that business rates are very low in the US. Story has it that a British chap wanted to set up a bike shop over there. When told of the business rate for the shop, he said - is that per week or per month? The reply was 'a year'.

chrisgr31

13,503 posts

256 months

Friday 12th December 2003
quotequote all
What about getting a good quality shed and her working from there? With a bit of work a shed can be made warm and comfortable!

simpo two

85,730 posts

266 months

Friday 12th December 2003
quotequote all
Good idea: there was a well-known video company not far from here that used to operate from 3 large sheds...