Moved by
Baroness Hayter of Kentish Town
26: Clause 35, page 32, line 23, at end insert—
“( ) In considering what is reasonable for the purposes of subsection (4), a 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.”