Tenants using roof space as storage without permission?
9:43 AM, 4th March 2021, 5 years ago
29
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The tenants renting our top floor flat are insisting that they have a right to use the roof space as storage and unfortunately the AST does not refer to the roof space in any way.
Please can I ask if anyone has any advice on how I could legitimately stop them from using the roof space for their own storage?
Many thanks
Kevin
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Member Since April 2020 - Comments: 1
11:01 AM, 4th March 2021, About 5 years ago
If they are paying the rent on time what does it matter if they use the roof space!
Member Since June 2013 - Comments: 126
11:06 AM, 4th March 2021, About 5 years ago
Why would you want to? Why do you think they should have asked for permission to use an accessable part of the property that they’re paying rent for? Do you have a “baggage allowance” built in to your tenancy agreement?
Member Since July 2013 - Comments: 11
11:08 AM, 4th March 2021, About 5 years ago
hi.
Sure. Give them a Notice to Quit. Once they are out they won’t be able to use it it. There are plenty of tenants who will obey the rules.
Member Since January 2020 - Comments: 1102 - Articles: 1
11:11 AM, 4th March 2021, About 5 years ago
Reply to the comment left by Bob G at 04/03/2021 – 11:08
What rules? He has already said that the AST does not mention the roof space.
Member Since April 2014 - Comments: 306
11:13 AM, 4th March 2021, About 5 years ago
Personally, even if they have no right under the Tenancy Agreement, if it’s not causing a fire or health & safety hazard, why not let them?
If you don’t want tenants to use it in future, write it in to the Inventory/AST & padlock it.
Member Since January 2020 - Comments: 559
11:22 AM, 4th March 2021, About 5 years ago
Why do you need or want to stop them? If there’s access to it and they’re not causing anyone a problem why are you worried about it? Let sleeping dogs lie.
Member Since February 2020 - Comments: 194
11:27 AM, 4th March 2021, About 5 years ago
If the roof space has not had flooring put down and is just plasterboard, then you may have a potential hazard and accident waiting to happen. And no doubt a legal claim to follow.
If the AST is silent on the matter, then you can’t stop them, but you should make sure it is safe to use. We have a garage on our rented property and the AST specifically states that the tenants can only access it with the landlord’s permission. Mind you, when we first put this clause in, the then agency had fits over its inclusion. Some nonsense about disturbing the tenant’s quiet enjoyment of the premises. If the garage is not part of the tenancy agreement, then there is no disturbance of the tenant’s enjoyment.
Member Since March 2019 - Comments: 73
11:27 AM, 4th March 2021, About 5 years ago
Unless you have the ban on using the space ,you can not do anything.
I rent a large house and clearly stated the tenants do not have use of a bathroom downstairs (whirlpool bath steam shower etc) as the rent would not cover this.
Also they have no use of a shed(that stores my stuff)
It is written into the tenancy and both spaces locked off.
I would not worry too much and turn a blind eye as long as they pay their rent
you have no worries.
Member Since July 2013 - Comments: 197
11:34 AM, 4th March 2021, About 5 years ago
Reply to the comment left by Bob G at 04/03/2021 – 11:08
I’m sure that’s a good idea* Bob. Serve them a section 21, wait 6 months, the consider the cost of going forward with legal process . In the meantime they decide ‘nickers to the landlord’ we’ll just stop paying the rent.
Good idea * I think not ! . The OP has already stated that nothing about the attic was put in the tenancy agreement. Obviously the tenant has unrestricted access to the attic so it’s reasonable to assume he /she has the use of it. If it had been considered by the landlord prior to granting a tenancy he should have made it clear and also put a security lock on the access hatch.
Member Since December 2020 - Comments: 1
11:51 AM, 4th March 2021, About 5 years ago
My BTL buildings insurance policy stipulates that the loft is not to be used for storage, presumably due to fire hazard and/or undesirable items. You might wish to check yours.
I’ve had this included in the Tenancy Agreement for clarity.