Private Roof Terrace - Not so private?

Becky_Boo

Hi All,

We've been renting our flat since the start of the year. One of the main selling points for us was the very large private roof terrace that came with the flat.

It's not actually connected to our flat but across from our front door with the entrance on our shared outside corridor - there are only 2 other flats on our floor and they both have their own roof terraces (although theirs are connected to flat).

I've just seen an estate agent showing 2 people round it (I assume they were looking at a flat on one of the lower floors) - and he seemed to be implying it was a shared terrace and they would have use of it.

I've just checked our AST and in the inventory it is noted as a 'shared terrace' HOWEVER on the original lettings agents spec (which I still have) it is written everywhere that it is a private roof terrace for our use only.

I know it was stupid of me to not have seen this on the AST at the beginning - believe me - lesson learnt. But just wondering where we stand on this? As the flat was definitely marketed as having its own private terrace and it was on this basis that we took it... Any thoughts?

GwylimT

Many letting agents will happily sell anything, for example I live in a flat, its a ground floor flat and has its own private garden and access to the communal garden, all flats were sold by the estate agent as having two parking spaces (incorrect you have to purchase them) and individual private gardens again wrong.

What do you mean by where do you stand? Yes, it was advertised incorrectly but as a buyer it is our responsibility to check everything out, I must admit if my private terrace was accessed from the communal area I would question this as it would seem unusual.

penthouse89

My apartment has a private outdoor area, accessed from a communal area (listed buildings - can't just whack a set of French doors where a 250 year old bay sash is!).

The agent letting the flat upstairs were showing people around last week, and sure enough she was advertising my garden, complete with my table and chairs as "a lovely place to sit out on days like this".

One thinks not.

A quick email and phonecall to the agent concerned rectified this and the listing was also changed on Rightmove.

You could call the agent who are advertising one of the downstairs flats posing as a potential buyer/renter and ask them directly what the "shared" terrace is.

Also, if it is a private terrace, it should only be accessed by a key? If it just has an unlocked door, that's an invitation for anyone to use it.

dimbo61

It is a good job you are renting and do not own the flat.
Now unless you want to take the LA to court for misrepresentation ?

anselld

From OED ...
Private "belonging to or for the use of one particular person or group of people only"

So private does not imply your sole use. ie it is private to the group of people who share it.

... or so the EA would argue no doubt

Becky_Boo

Thanks all for your quick responses.
I don't really know what I was hoping for - I'm just really cross at the moment with lettings agents AND mostly at myself for not picking up on this...
Although its access is via communal area - there are only 2 other flats on my floor - and they both have their own. We did question LA and she assured us 100% it was private (verbally).

Yes it does lock and we do have a key - but stupidly the gate has bars and anyone can slip their hand through to unlock it!
@penthouse89 - I had the same idea of calling them - but can't find anything advertised on Rightmove weirdly!

Grrr so annoyed! But I guess I'm just going to have suck this one up - we live and learn...

Becky_Boo

dimbo61 wrote: »

It is a good job you are renting and do not own the flat.
Now unless you want to take the LA to court for misrepresentation ?

Indeed it is! And no - that sounds way to stressful - not looking for compensation - just my private terrace!

anselld - you're right that's exactly what they would argue. Oh how I hate lettings agents!!

penthouse89

Maybe if you could explain the access situation better.

You, I presume, live on the top floor. From which a communal corridor leads to your terrace?

There is a gate on the terrace, where does this lead to?

Strange things happen - some people won't use outside space. I used to live in an apartment with a gorgeous outlook over the river, docks, bridges and sea.

Out of nearly 100 flats, I was one of the very few who used the balcony.

Also, has anyone else from a lower floor flat ever used your terrace?

moneyistooshorttomention

Third thread in quick succession about tenants not getting what they have paid for in the way of "detached space":

- garden being nicked for development
- garage (and the electricity to it) being nicked
- now this.

Looks like there is a gap in the law here about tenants having it very clearly specified to them exactly what "extra" outside space they are getting (or not) for their money...

Thoughts on this particular incident boil down to "unwelcoming" (prickly or the like) plants in pots plonked right down at the entrance to your outdoor space. You will be aware of them, but they might catch out intruders unawares...

or possibly a big notice up saying "Private...property of flat no x only" or the like?

DRP

moneyistooshorttomention wrote: »

Third thread in quick succession about tenants not getting what they have paid for in the way of "detached space":

- garden being nicked for development
- garage (and the electricity to it) being nicked
- now this.

Looks like there is a gap in the law here about tenants having it very clearly specified to them exactly what "extra" outside space they are getting (or not) for their money...

All 3 have made assumptions on what they are/not entitled to.

It highlights the importance of reading and understanding contracts.

tim123456789

Becky_Boo wrote: »

Indeed it is! And no - that sounds way to stressful - not looking for compensation - just my private terrace!

The LA can't offer you this. If the lease of other flats allows then access there is nothing that the agent (or even the owner) of your flat can do to take that right away