Could your tenant’s ‘side hustle’ be jeopardising your insurance?

Running a business from a rented home greatly increases risks, opening up the landlord’s exposure to loss or damage and even liability claims. This is the reason why many insurance policies exclude cover for properties that house a business.

So, if your tenant’s side hustle could jeopardise your insurance cover, it’s not a decision to be taken lightly. There are plenty of considerations and a need for comprehensive due diligence.

If you are considering giving a tenant permission to operate a home-based business, here are 10 questions to ask when it comes to insurance:

1. Does the council permit businesses to operate from residential premises?
2. Will the predominant use of the property remain as a residence or is a commercial lease necessary?
3. Does the tenant have all the relevant licences and registrations required by law to operate their business?
4. If there is a mortgage over the property, does the bank prohibit a business being conducted on the premises?
5. If the property is governed by a body corporate, is operating a business from an apartment/unit permitted? The strata insurance may not permit this.
6. What type of business is the tenant planning on operating and what risks does this type of business pose? For example, will clients/suppliers, etc. be visiting the premises? Will stock be stored on-site? Is any kind of activity with increased risks – like fire or flooding – taking place?
7. Does the tenant have their own public liability insurance, especially if customers, clients and suppliers visit the premises?
8. Does the tenant have all applicable insurances for running a business?
9. Is the tenant aware that your landlord insurance cover does not extend to their business operation?
10. If permitted, has the rental agreement been amended with a special condition? For example, these may specify that any insurances associated with the business operation are the responsibility of the tenant and that they agree to ensure the insurance remains current, and/or that the landlord assumes no responsibility for risks associated with the running of the business.

Of course, if you do agree to allow a tenant to operate a business from your residential investment property, the most important question to ask is whether your insurer will continue to provide cover.

Allowing a tenant to operate a business is likely to void an existing landlord insurance policy (there is usually a clause that prohibits the residential premises being used for commercial purposes), but your insurer may be able to offer you other options.

The insurer can advise whether they will extend cover and under what conditions, the type of policy and excesses that are applicable, the conditions for extending cover, and the premium payable to cover the risks.