Regulated tenant/tenancy forced to give up external storage room?

Regulated tenant/tenancy forced to give up external storage room?

0:02 AM, 19th January 2023, About A year ago 5

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Hello, As regulated tenants we have been renting a flat with a secure storage room in the roof area, since 1968. The store room is not mentioned in the original lease, however, it has been mentioned in every fair rent review since the first review in 1970.

An additional document indicating the room number was attached to the lease but “disappeared ” some years ago when the LL asked to see the original lease documents, for a reason!

We have now been ordered to give up the room by solicitor’s letter or have the contents removed.

As mentioned, the store room is included in the rent review every 3 years and therefore it would seem logical, would it not, that we have been paying rent for the room?

Surely, we have some rights with regard to this room?

Thank you,


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10:51 AM, 19th January 2023, About A year ago

If it's not in the original lease then no, it's not yours and you have no rights to it.

Rent reviews are not new leases or you would not still be a regulated tenants.

Darren Peters

10:56 AM, 19th January 2023, About A year ago

Not a lawyer and you should get some independent legal advice. That said,

Is there anything that states you are paying rent for this space? Is this a separate document/rental agreement to the regulated tenancy? Or did an invoice come that said something like, 'rent for the flat and the roof space above', ?

If you have been charged rent for the space then a Tenancy-at-Will may have been created. By asking for and receiving money for the space the LL has accepted a legal relationship exists.

Whether that relationship rolls into the regulated tenancy or is a separate agreement that can be terminated by either party immediately is for someone smarter than me to determine.

Another angle that might strengthen any claim: is there a supply of electricity or gas or heating/hot water to this space and if so, is it coming from your flat or on a separate connection/meter?

Ian Narbeth

12:17 PM, 19th January 2023, About A year ago

Get some legal advice and your solicitor can write a robust letter in response warning the landlords not to interfere with your goods.
My understanding is that when a tenant under a lease takes possession of land belonging to the landlord, but not included in the demise, by virtue of the possession of the demised premises, that land is presumed to be an addition to the land demised to the tenant. The land will then become subject to the terms of the lease and must be given up to the landlord when the lease ends, unless the tenant's conduct shows that he occupied the land for his own benefit and not as part of the demised premises. Where the premises that have been adversely possessed are only accessible through the demised premises I do not think that there can be an argument that they were not occupied as part of the demised premises.
Where the presumption applies, then as between landlord and tenant, the land encroached on is treated as part of the demised premises for all purposes. The tenant is entitled to possession of it during the term of the lease and must yield up possession of it to the landlord at the determination of the tenancy. Further, the obligations in the lease relating to quiet enjoyment and to the repair and use of the demised premises will apply equally to the land encroached on.

Freda Blogs

12:20 PM, 19th January 2023, About A year ago

My thoughts are that even though said storage room may not be mentioned in the original tenancy agreement, the fact that the rent review calculations and memoranda mention it, the landlord has 'acquiesced in the breach’, by acknowledging and accepting rent for the room on several rent reviews over many years.
I wonder whether they are looking to develop the room as a new unit?
If my assumption re acquiescence is correct, they should be prepared to buy out your interest in the room (I suggest you get a Chartered Surveyor to assist in the valuation). Do be careful what you agree, in case any agreement will nullify your secure tenancy. In this case do take proper legal advice from a suitably qualified solicitor. Experience in secure tenancies these days is rare as they are now so few and far between, so you may need to look around.

You may also be able to swear a statutory declaration that there was another room made available to you and that you have previously seen the documentation.

I don’t believe they have any rights to simply remove your belongings from the room. If you were to remove them upon their request, the landlord may use that as your acknowledgement that you have no rights to use the room.

Chris Rattew

15:44 PM, 19th January 2023, About A year ago

Reply to the comment left by Darren Peters at 19/01/2023 - 10:56
Clearly the Landlord must have approved the rent reviews and approved that he is charging rent for the room, so it seems clear to me that the Landlord could not win in court. However, as it is not living accommodation, perhaps the regulated tenancy does not cover that part. However, the Landlord seems to be behaving badly.

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