renting from a private landlord.....

i just need a little bit of help and/or advice please.....


when i took over this flat in september 2012, my landlord was already storing all his own stuff in the loft that is within the flat. padlocks on the loft hatch too. i asked the letting agent if he would ask the LL to empty it, but no one ever came back to me. the landlord now says that he was never asked to empty it..

so this week, i have asked if the landlord will empty the loft so that i can get the free insulation put in there. he has flatly refused, saying that the insulation up there is plenty and is quality, so nothing needs to be done. (it must be very old, cos this place has been rented out since his mum died, a few years back.

he is also saying that if i am looking at long term rental, (he knew this from the start), he may be clearing the loft in 12-24 months as he will need whats up there for another accomodation (enough up there to fill another flat). and if i want the use of the loft once its empty, he will increase the rent to allow me to do that. .

can he do this for a place i am already paying him rent for, that he is using as free storage. the flat certainly isnt worth more than i am paying. it is tiny and in not too good order. all the double glazing units have 'blown', and all the appliances in here, electric storage heating, water heater, oven and hob, are all so old they have clearly been here since the place was made into flats, over 25 years ago, and nothing has the stickers on that shows its been safety tested.

this isnt an urgent thing, i just need to know whats right and wrong for when it happens. thank you for ready this.
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Replies

  • harrys_dadharrys_dad Forumite
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    Does your original tenancy agreement include the loft?
  • quidsyquidsy Forumite
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    You have nothing to bargain with. Either accept situation as is or move.
    I don't respond to stupid so that's why I am ignoring you.

    2015 £2 saver #188 = £45
  • loft hasnt ever been mentioned as a seperate thing. its always just been, its a flat.
  • edited 18 December 2014 at 5:51PM
    G_MG_M Forumite
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    edited 18 December 2014 at 5:51PM
    If it was clear from the start that the oft was not included in the tenancy agreement, you can demand nothing.

    Obviously any express clause in the contract would clarify, but if there was a padlock there when you viewed, and when you checked the inventory, and when you moved in, and if you have implictly accepted the lack of loft by not chasing up your initial request over the last 2 years, then I think it is clear it is not within your tenancy agreement.

    If the LL says "the insulation up there is plenty and is quality" why do you doubt this? I trebled the insulation in my loft when I bought my home 19 years ago - long before the current free offers and new Building Regs standards.

    When he clears the loft you an negotiate on its use, and either reach agreement...... or not.

    But given the place has so many issues you are unhappy with, surly it's better to either

    * move somewhere better or
    * request repairs to improve the flat you do have access to.

    Shelter (Repairs in private rented homes)
  • theartfullodgertheartfullodger Forumite
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    Unless the loft is specifically excluded in the ttenancy agreement then it is also yours. Is it excluded?
  • edited 18 December 2014 at 6:19PM
    dorothyjefferydorothyjeffery Forumite
    79 Posts
    edited 18 December 2014 at 6:19PM
    no it isnt specified as excluded. i just dont know what to do. i did ask if it could be emptied before i moved in ut no one came back to me, and it has been mentioned since, when the plumber who came to fix the shower that was leaking into the downstairs flat (for 2 years and he kept ignoring it), he wouldnt even hand over the padlock keys so plumber could get at the water tank in the loft to turn everything off. he came with permission to break the padlocks off.

    and im sure i havent ever had the information of the energy rating. i have asked the letting agent for a copy, but not holding my breath.

    ive just been through the 18 pages of the tenancy agreement, and the loft isnt mentioned at all.
  • Old_GitOld_Git Forumite
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    can you remove his lock (without causing damage) and have a look
    "Do not regret growing older, it's a privilege denied to many"
  • I would be suspicious of what he may have stored there...

    ..but I do watch a lot of CSI stuff
  • AdrianCAdrianC Forumite
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    no it isnt specified as excluded.

    Flats don't normally have lofts. If it isn't specified as included, and it hasn't been available to you at any time, it is implicitly excluded.
    and im sure i havent ever had the information of the energy rating. i have asked the letting agent for a copy, but not holding my breath.

    https://www.epcregister.com/reportSearchAddressTerms.html?redirect=reportSearchAddressByPostcode
  • Norman_CastleNorman_Castle Forumite
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    ive just been through the 18 pages of the tenancy agreement, and the loft isnt mentioned at all.
    So why assume you've got access or use of it?. The padlocks the clue.
    I'm not a cat.
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