Can I rent commercial property for personal use?

[UWOTM8]

So this is a little unconventional, but I live in a phenomenally expensive part of the country for home rental/ownership, and I want some space and a fast internet connection for my main hobby: DJing and producing.

I'm looking at some commercial units and business park style offices as a place to put all my equipment and be a bit of a man-cave, but also having the option to do a bit of DJ tuition or studio work on the side. This is primarily a creative space rather than a business space.

-I've factored in that I will have to pay rates
-I will be using the premises "out of hours" with the intention of not having any neighbours around when I'm making noise, and because I have a day-job

So to that end... can I lease a commercial property to use as a man-cave?

 

[rach88]

You will have to consider 1) planning and 2) the lease.

I'm not sure what use class this would fall under. I think a recording studio might be B1 but you should check with the planning department at the council before committing. You may need to apply for change of use.
https://www.planningportal.co.uk/info/200130/common_projects/9/change_of_use
If your use is a noisy one and you are in a residential area, that might be an issue.

As for the lease, you would need to make sure you negotiate this to ensure it is suitable for your intended use, e.g. no restrictions on noise at odd hours, appropriate user clause, etc. It would be better to keep the user clause wide in case you need to assign (transfer) your lease, e.g. "recording studio or B1(a) offices". Consider carefully what length of lease you are willing to commit to. You would be sensible to instruct a solicitor.

Assuming you are in England, bear in mind that if the Rateable Value is below £15,000 you are likely to be eligible for small business rates relief. If the RV is below £12,000 and you are eligible for the relief, you will not have to pay any rates.

 

[UWOTM8]

*England based.

Good info, thanks.

I'm not talking concert levels of noise, but a thud of a bass drum in the background would probably annoy a humble office next door. It will be a business park away from residential.

But ultimately, a landlord won't care much if I'm not openly running an obvious business? So long as I can pay for it and I'm not doing anything illegal?

 

[rach88]

If you were sleeping in the property that might well be a problem. The more domestic in character your use of the property, the more the landlord may be concerned that your use would be classed as a residential one, which would attract more statutory protection. But just because you are not running a business, doesn't mean your use is necessarily domestic/residential.

If I were you, to be safe, if asked about your proposed use, I would just state the activities you intend to carry out. They could just as well be part of a creative business you are running.

However, if the noise is going to be disturbing office tenants next door, that will be a problem for the landlord! He is not going to want to lose other tenants (assuming he owns the neighbouring units). You might have to agree set hours during which you can make noise - ie, after working hours, which sounds like it won't be a problem for you.

 

[paulears]

You've got conflicting stuff here. Surely, for purely monetary reasons, you need this to be a business where you can offset your expenses against any income? You might be using it primarily yourself, but you said a bit of training and paid for studio use?

Having built quite a few now, over quite a few years, you can make sound leakage insignificant enough to not annoy neighbours and offer this in the change of use conditions.

Why not reverse the question - you rent a unit, build a studio and operate it - and install a bed in a room so you can spend the night working, and not have to go home. How will that fly? Seems to me that solving the neighbours potential issue with noise is the simple one, and you staying overnight in secret behind locked doors is much less off a rule break? Are you using it for residential purposes? No. Just late nights, too tired to drive? Tax wise - having the business would appear to be best for the pocket?

 

[Andrew Omole]

Commercial property is a totally different game that requires a certain amount of specialist knowledge. If you are not using the property for commercial purposes or want to sell property fast, your current insurance may offer a discount for multiple policies.

 

[Supercoach]

I agree with paulears.
Set up a business so you can claim against certain expenses.
The only problem area is likely to be any restriction to the hours that it can be occupied as long as there is also no noise.
Perfect excuse for having a nap at night is the fact that you work with clients in Japan and need to occupy the office in the appropriate hours.

 

[obscure]

But ultimately, a landlord won't care much if I'm not openly running an obvious business? So long as I can pay for it and I'm not doing anything illegal?

The opposite is true. It is a commercial property so your landlord is going to want you to (appear to) be running a business. So Paul's advise is the best. make it appear as much like a professional studio as possible and if anyone asks why the lights were on so late it was because you were remixing something for a client in the US whose working hours are 12 hours behind the UK.

 

[Gecko001]

If the landlord is satisfied with the OP running a DJ tuition business from there, then I cannot see a problem. However, a landlord might be concerned that the business will disturb his/her other tenants so you might have a few problems getting a landlord to consent to take you on as a tenant.