Oliver Black

Registered with Property118.com
Saturday 11th September 2021


Latest Comments

Total Number of Property118 Comments: 7

Oliver Black

18:07 PM, 11th October 2021, About A week ago

Tenancy Agreements - Agents v Landlords?

Reply to the comment left by Mike at 11/10/2021 - 18:01
Clarifying the insurance point seems reasonable, but I highly doubt you'd be found liable anyway.

And yes, CO is also an issue with an indoor BBQ, but tenants (and people in general) have a general right in this country to injure themselves if they are not causing harm to others, carrying a bike that is too heavy up some stairs falls under this.

Adding such a clause to your lease however remains unreasonable.

(Also, bike insurance companies would likely not deem your outside storage a 'safe place' unless it was a deadbolt secured garage like structure with an immovable object around which to secure a lock inside)... Read More

Oliver Black

15:35 PM, 11th October 2021, About A week ago

Tenancy Agreements - Agents v Landlords?

Reply to the comment left by Mike at 11/10/2021 - 15:19The only issues you raise with the bike are damage and fire safety, both of which are ALREADY covered by your tenancy agreement.
The only difference your new clause would add is restricting a tenant from safely and carefully carrying their bike up some stairs without causing damage or being a fire risk. (Which, to clarify, from your description your tenant is NOT doing, they are causing damage and sometimes a fire risk, both of which you should deal with using the robust framework of your existing TA).
The example you bring up about BBQs is only not ok because it would be a fire risk, you would have no objections to them cooking BBQ food in their kitchen? This is a much better analogy, you trying to police which bikes tenants can take to the flat (and ergo insure, and ergo own without significant risk), would be equivalent to deciding what kind of food they could cook.

You are also left with the problem of what about if they take the wheels off and carry it up separately to the frame, is that against your TA?

In the event you try to evict a tenant for breaching such a clause a court will likely toss out your eviction proceedings as the clause is against relevant AST legislation around rights to the peaceful enjoyment of ones home.... Read More

Oliver Black

19:14 PM, 10th October 2021, About A week ago

Tenancy Agreements - Agents v Landlords?

Reply to the comment left by at 10/10/2021 - 00:49
That tenant doesn't sound very considerate, he should have taken much more care with the walls.

But, most bike/home insurance would not cover theft from the locked side alley, so I can see why he was unwilling to store it there.

And poor fire safety is, as you put, both illegal and stupid.

That said, none of this requires attempting to ban bikes in the TA, as damage and fire safety is already covered by your TA, and you don't raise any other issues. (And I'm pretty sure a clause banning bikes would not hold up in court, not a lawyer).

(One last point, many people would rather cycle than take the tube, especially in rush hour, it is much nicer).... Read More

Oliver Black

18:29 PM, 7th October 2021, About 2 weeks ago

Tenancy Agreements - Agents v Landlords?

Reply to the comment left by Mike at 07/10/2021 - 07:45I carry my bike up stairs every day, and have not damaged anything. If he has caused damaged you can claim it from the tenants in your existing TA.
What constitutes a "large bicycle", and what about if I take the wheels and my frame up the stairs in two separate trips, you see how silly this rule is?
Pets & Smoking can be banned because they inherently and unavoidably cause damage due to hair/smell. The same does not apply to bikes.
A portable heater with a flame (and similar) is presumably already against your TA for fire safety reasons?... Read More

Oliver Black

18:14 PM, 6th October 2021, About 2 weeks ago

Tenancy Agreements - Agents v Landlords?

Reply to the comment left by Mike at 06/10/2021 - 12:09
Has it actually caused any damage, or are you just hypothesising?

Your tenancy agreement already holds tenants responsible for damage caused presumably?

So all you'd be banning is "storing a bike without causing any damage", which appears to be a non-issue?

What if they removed both wheels at the door and stored the parts separately in the flat? What if they kept a spare set of wheels on pedals in the flat? Would these both be against your TA?

Regardless of whether you think their decision is sensible or not, you shouldn't be overbearing in how they use the flat. A tenant would see this and likely decide to not have such a friendly working relationship, which increases your costs.

Also, a court might even strike such a clause out for interfering with their right to enjoy their home.... Read More