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Clause in AST to not allow to use loft as living space

bombata
bombata Posts: 50
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edited 1 April 2020 at 7:15PM in House buying, renting & selling
Hello, 
Due to our house sale falling through for a third time, (we already moved abroad) we decided to let the house out for a couple of years. We already found tenants. However the house has a loft room with an ensuite. No doors and a ladder leading up to it. It is only rented out as a 3 bedroom house not 4 bedroom. 
We are looking to add a clause to say that the use of the loft should be for storage alone, and should not be used as living space. 

I was wondering if anyone has experience with wording such clause?
Thanks in advance

Comments

  • davidmcn
    davidmcn Posts: 23,596
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    I don't think you really need to say anything more elaborate than that. Though consider what remedies you'd actually have if you discovered it being breached, however it's worded.
  • bombata
    bombata Posts: 50
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    It's only a couple with a baby moving in so three bedrooms should be enough for them. It's just to cover our backs should something happen. 
  • [Deleted User]
    [Deleted User] Posts: 7,323
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    Like what?
  • greatcrested
    greatcrested Posts: 5,925
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    So basically this is a 'converted' attic that has no Building Regulations certification, and which is potentially dangerous.
    I seriously doubt you will be protecting yoursleves from liability should, for example, the tenant (or their guest) go up there and fall through the inadequate floor, or get caught in a fire and unable to escape etc etc.
  • Thrugelmir
    Thrugelmir Posts: 89,546
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    Secure the entrance to the loft space to restrict access. Leave a key with the managing agents. 
  • Slithery
    Slithery Posts: 6,046
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    Thrugelmir said:
    Secure the entrance to the loft space to restrict access. Leave a key with the managing agents. 
    Won't that leave the OP liable for the council tax as they aren't then letting the entire property?
  • davidmcn
    davidmcn Posts: 23,596
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    Thrugelmir said:
    Secure the entrance to the loft space to restrict access. Leave a key with the managing agents. 
    Why shouldn't tenants have access to the storage space?
  • Thrugelmir
    Thrugelmir Posts: 89,546
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    edited 1 April 2020 at 9:11PM
    davidmcn said:
    Thrugelmir said:
    Secure the entrance to the loft space to restrict access. Leave a key with the managing agents. 
    Why shouldn't tenants have access to the storage space?
    Just offering an alternative suggestion. Rather than relying on the tenant to use their common sense. 
  • greatcrested
    greatcrested Posts: 5,925
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    davidmcn said:
    Thrugelmir said:
    Secure the entrance to the loft space to restrict access. Leave a key with the managing agents. 
    Why shouldn't tenants have access to the storage space?
    Because it's clearly not just a storage space:
    a loft room with an ensuite.

  • theartfullodger
    theartfullodger Posts: 16,038
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    Slithery said:

    Won't that leave the OP liable for the council tax as they aren't then letting the entire property?
    Correct! Landlord responsible for Council Tax.

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