Tenants using roof space as storage without permission?

by Readers Question

9:43 AM, 4th March 2021
About 2 months ago

Tenants using roof space as storage without permission?

Make Text Bigger
Tenants using roof space as storage without permission?

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

Comments

PJB

11:59 AM, 4th March 2021
About a month 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.

Dancinglandlord

12:05 PM, 4th March 2021
About a month ago

Note to self - update all my ASTs!!

paul kaye

12:24 PM, 4th March 2021
About a month ago

Reply to the comment left by PJB at 04/03/2021 - 11:59
good thinking to cover yourself.
Very good idea.

paul kaye

12:24 PM, 4th March 2021
About a month ago

good thinking to cover yourself.
Very good idea.

terry sullivan

15:04 PM, 4th March 2021
About a month ago

r u the freeholder?

DSR

16:24 PM, 4th March 2021
About a month 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.

paul kaye

16:33 PM, 4th March 2021
About a month 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.!

Bob S

17:58 PM, 4th March 2021
About a month 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 !

PJB

18:26 PM, 4th March 2021
About a month 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.

Puzzler

8:56 AM, 5th March 2021
About a month 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.

1 2 3

Leave Comments

Please Log-In OR Become a member to reply to comments or subscribe to new comment notifications.

Forgotten your password?

BECOME A MEMBER

How to triple your rental profit with HMOs