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 2018 - Comments: 68
11:59 AM, 4th March 2021, About 5 years ago
If the tenants are deemed to have the legal right to access the roof space, then the best you do is add an addendum to the tenancy agreement pointing out that the roof space is non-habitable and not suitable for human use. As such all liabilities, injuries, damage, overloading and so on will be the responsibility of the tenants. Make sure that you can prove in court the same information was received by the tenant even if they refuse to accept the addendum to the tenancy agreement.
Member Since May 2018 - Comments: 84
12:05 PM, 4th March 2021, About 5 years ago
Note to self – update all my ASTs!!
Member Since March 2019 - Comments: 73
12:24 PM, 4th March 2021, About 5 years ago
Reply to the comment left by PJB at 04/03/2021 – 11:59
good thinking to cover yourself.
Very good idea.
Member Since March 2019 - Comments: 73
12:24 PM, 4th March 2021, About 5 years ago
good thinking to cover yourself.
Very good idea.
Member Since December 2015 - Comments: 828
3:04 PM, 4th March 2021, About 5 years ago
r u the freeholder?
Member Since September 2018 - Comments: 3508 - Articles: 5
4:24 PM, 4th March 2021, About 5 years ago
Just make sure as you now have no grounds to not let them use the space (as not defined they can’t use it in the AST), you make sure you check the area at a regular LL check. For all you know they could be growing weed in the loft (NOT unheard of!). Just cover yourself now you know they are using the space…and when they do vacate, before the next tenancy starts – get a lock on the door to the space and get it written into the AST its a space not to be used.
Member Since March 2019 - Comments: 73
4:33 PM, 4th March 2021, About 5 years ago
I have never thought of this before.
It has never entered my mind about the roof space.!
From now on I will write it in my tenancy agreements.
There must be thousands of let’s that do not mention anything at all about the loft
space.Lesson learned.!
Member Since February 2021 - Comments: 24
5:58 PM, 4th March 2021, About 5 years ago
If the AST is silent and by implication the tenant of say a first floor converted flat makes use of it could it make a section 257 HMO into a mandatory HMO by having a third storey even if only used for storage?
Im not a HMO landlord so my knowledge is light on this one – be kind !
Member Since April 2018 - Comments: 68
6:26 PM, 4th March 2021, About 5 years ago
Reply to the comment left by Bob S at 04/03/2021 – 17:58
Although some Council may try, I believe the HMO regs only apply to habitable spaces.
Member Since July 2013 - Comments: 1264 - Articles: 1
8:56 AM, 5th March 2021, About 5 years ago
I have exactly that situation as the loft contains family belongings. I simply told the tenant when viewing that the loft would not be accessible for their use and padlocked the hatch.
If you didn’t make it clear at the outset, you can try insisting but it is your own fault. Why do you not want them to use it?
If mine was empty, it wouldn’t be a problem.