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Running a business from home policy
- The purpose of this policy
- Applying to run a business from home
- Rent and income earned from a home-based business
- Running a business that hasn't been approved or doesn't comply
The purpose of this policy
Housing SA may give approval to tenants to run a business from their home. This includes any work or activity that takes place in the home that the tenant, or someone in their household, earns an income from.
This policy sets out:
- when Housing SA will give or withdraw their approval
- how it may affect a tenant's rent
- what may happen if a tenant is running a business from home without Housing SA's approval.
Applying to run a business from home
Tenants must get written approval from Housing SA before anyone in their household starts running a business from home.
Housing SA will approve the business if the tenant meets all of the below conditions:
- the business doesn't disturb the peace, comfort and privacy of neighbours
- they don't advertise the business on the property
- they don't use any part of the property as an industrial type workshop - eg mechanic
- the business doesn't breach any conditions of their lease agreement, also known as the Conditions of Tenancy
- the business complies with local council regulations and any other laws that apply
- they get appropriate insurance cover.
Rent and income earned from a home-based business
The tenant must tell Housing SA about any income they earn from running the business.
If the tenant pays full rent, the income earned won't affect their rent.
If the tenant pays a reduced rent, they must provide proof of their household's income, including income earned from the business. Housing SA will recalculate the rent amount in line with the Rent policy.
Running a business that hasn't been approved or doesn't comply
If a tenant runs a business from home without Housing SA's approval, or it doesn't comply with Housing SA's conditions, is a breach of their lease agreement.
When visiting a tenant, Housing SA will check if a business:
- is being carried out at the property
- complies with Housing SA's conditions.
If Housing SA believes a business is being run in breach of a tenant's lease agreement it may:
- tell the tenant to stop the business
- review the rent in accordance with the Rent policy
- give notice to the tenant to address the breach of the lease agreement
- apply to the South Australian Civil and Administrative Tribunal to end the tenancy if the breach isn't addressed.
Related laws, policies and documents
This policy is based on and complies with:
- the Conditions of Tenancy
- Residential Tenancies Act 1995
Related policies and other documents
- Rent assessment policy and guidelines
- Home visit policy and guidelines
- Ending a public housing tenancy policy and guidelines
- Disruptive behaviour policy and procedures
Date this policy applies from
29 March 2016
The online version of the policy is the approved and current version. There is no guarantee that any printed copies are current.