Moved by
Baroness Hayter of Kentish Town
33BH: Clause 35, page 32, line 27, at end insert—
“( ) In considering what is reasonable for the purposes of subsection (4), the court shall have regard to all relevant factors including but not limited to the following—
(a) the nature and location of the premises;
(b) the nature of the business and the extent to which the activities of the business are comparable to activities carried on at home which are not business activities;
(c) whether the business requires any structural change to the premises comprised in the tenancy;
(d) the number and frequency of visitors likely to come to the premises in connection with the business;
(e) the number and frequency of deliveries and collections of goods likely to occur at the premises in connection with the business;
(f) the amount of any noise or other environmental impact likely to arise from the business;
(g) the likely effect of the business on the parking of vehicles in the vicinity of the premises; and
(h) the proportion of the property used for the business.
( ) Where a dwelling-house is let under a tenancy to which subsection (2) applies the landlord and tenant may agree in writing under the terms of the tenancy or in any other document signed by them—
(a) that a particular business, or
(b) that a particular description of business, if carried on in the premises, shall be a home business for the purposes of this Part of this Act.
( ) Any such agreement shall be binding upon the parties.”