header-logo header-logo

Covenants: hostile to home working?

09 June 2023 / Michael Ranson , Taylor Briggs
Issue: 8028 / Categories: Features , Property , Covid-19
printer mail-detail
125550
The rise of home working has created an uncertain landscape for property practitioners: Michael Ranson & Taylor Briggs report on ‘business use’ &  the modification of restrictive covenants
  • Hodgson v Cook is a recent Upper Tribunal authority on the interrelationship between home working and covenants preventing business use.
  • This article explores that case and the tribunal’s jurisdiction to modify or discharge such covenants.

The COVID-19 pandemic brought about numerous changes to our daily lives, one of which was in respect of our working habits. According to the Office for National Statistics, despite ‘work from home’ guidance having been lifted as long ago as January 2022, almost a third of working adults reported that they worked partly at home and partly in an office elsewhere, with over 15% working from home exclusively, between September 2022 and January 2023.

This raises a range of legal issues, including data protection compliance, buildings and contents insurance requirements, planning control and the tax treatment of homes which have now become,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Mike Wilson, Blake Morgan

NLJ Career Profile: Mike Wilson, Blake Morgan

Mike Wilson, managing partner of Blake Morgan chair of the CBI’s South-East Council, reflects on his career the challenges that have defined him

Clarke Willmott—Alexandria Kittlety

Clarke Willmott—Alexandria Kittlety

Partner joins commercial property team in Birmingham

Birketts—Will MacFarlane & Sarah Dodds

Birketts—Will MacFarlane & Sarah Dodds

Family team expands with double appointment in Bristol office

NEWS
Lawyers have expressed dismay at the Chancellor Rachel Reeve’s decision to impose a £2,000 cap on salary sacrifice contributions
NLJ is inviting its readers to take part in this year’s annual reader research, a short survey designed to help shape the future direction of the magazine. The questionnaire consists of just eight quick questions and offers an opportunity for legal professionals to share their views on the content, coverage and issues that matter most to them.
The Law Society has urged regulators not to ban the term ‘no win no fee’, as the profession contemplates measures to prevent a disaster like the SSB Group collapse from happening again
The legal profession's leaders have mounted a robust defence of trial by jury, following reports that Justice Secretary David Lammy is considering restricting it to rape, murder, manslaughter and other cases that are in the public interest
CILEX (the Chartered Institute of Legal Executives) has been granted permission to appeal Mazur, a decision which has caused consternation among litigation firms
back-to-top-scroll