Access to roof

Irishpearce26

davidmcn said:

Irishpearce26 said:

I think if I were the OP I would check with the EA for clarification. In my opinion the terminology of 'access' is very broad and could leave the OP open to risk from the LL.

It says "The tenant is not permitted to access the roof." Even if you think the loft can be called "the access to the roof", it doesn't say "the tenant is not permitted to access the access to the roof"...

That's a pedantic way of looking at it. You could argue that the loft is classed as part of the roof and therefore cant be accessed. Either way its up to the OP as to what direction she wants to take. Either go through your EA for clarification, yes they may make up the answer and say no to cover their backs or may just ask the LL for clarification. Go above the EA and ask the LL direct, likely !!!!!! the EA off as the LL will question why his tenant is contacting him and not the EA. Seek legal advice as to what constitutes access to the roof which I would probably guarantee they will be directed to seek clarification from the EA or LL.

davidmcn

Irishpearce26 said:

davidmcn said:

Irishpearce26 said:

I think if I were the OP I would check with the EA for clarification. In my opinion the terminology of 'access' is very broad and could leave the OP open to risk from the LL.

It says "The tenant is not permitted to access the roof." Even if you think the loft can be called "the access to the roof", it doesn't say "the tenant is not permitted to access the access to the roof"...

Seek legal advice as to what constitutes access to the roof which I would probably guarantee they will be directed to seek clarification from the EA or LL.

I'm a lawyer who's reasonably satisfied that a loft and a roof are different things. 

Madmel

But @Irishpearce26, the whole point is that contracts are meant to be pedantic. I'm not a LL or LA but to me the contract means you aren't allowed to access the outside part that covers the house. You keep saying to go back to the EA; who says there is an Estate Agent or even a Letting Agent? Lots of LL use a LA to find tenants but then manage the letting perfectly well.

After 3 years, I cannot see that there is a problem.  Obviously, if the OP is putting loads of stuff in the loft and it is not adequately boarded or ventilated, there could be problems. If they are behaving like millions of homeowners and storing things up there that only come out periodically, I really don't see any issue. Anyway, as certain posters in this parish often state: the contract can say I have to wear a pink spangled tutu every Tuesday, but it does not make it an enforceable contract term.

Irishpearce26

OP you've opened Pandora's box in your head on this subject, you can listen to us fools and take our advice or take action whatever that may be but do whatever you feel is right. 

Irishpearce26

Madmel said:

But @Irishpearce26, the whole point is that contracts are meant to be pedantic. I'm not a LL or LA but to me the contract means you aren't allowed to access the outside part that covers the house. You keep saying to go back to the EA; who says there is an Estate Agent or even a Letting Agent? Lots of LL use a LA to find tenants but then manage the letting perfectly well.



After 3 years, I cannot see that there is a problem.  Obviously, if the OP is putting loads of stuff in the loft and it is not adequately boarded or ventilated, there could be problems. If they are behaving like millions of homeowners and storing things up there that only come out periodically, I really don't see any issue. Anyway, as certain posters in this parish often state: the contract can say I have to wear a pink spangled tutu every Tuesday, but it does not make it an enforceable contract term.

Does it matter? Then they seek clarification from the LL or LA whatever that may be. The OP hasn't stated the contract says the outside of the roof the exposed part of the roof in the loft is still the roof.

Yes millions of us store stuff in the loft I haven't argued that however they aren't the homeowner so your point there is invalid. As I said before this could cause damage to the roof structure if their stuff limits ventilation and the LL would have reasonable cause to claim against and as you say contracts are pedantic so can work the other way.

Yes gone unnoticed for 3 years doesn't mean it never will, I know I wouldn't want to take the risk of uncertainty. 

frogglet

Maybe the landlord has had people fixing roof slates in the past or people using a flat roof as a terrace and its a contract they use for all their properties.

martindow

If you accept that no access to the roof means you can't go into the loft as that is the underside of the roof, then presumably no access to the loft would prevent tenants from using upstairs rooms in the house.

dimbo61

Wickes, B&Q and thousands of other companies sell loft hatches with loft ladders. They also sell loft boarding and I am sure you could get an electrician in to fit a light up there.
However many Landlord insurance policies don't include accidentally damage if you put your foot through the ceiling.
If you have a 2 story HMO you don't want the tenants using the loft due to fire safety issues !
Some lofts are perfect for storage and some are low, damp and dangerous, full of hazards.

mrschaucer

dimbo61 said:

Wickes, B&Q and thousands of other companies sell loft hatches with loft ladders. They also sell loft boarding and I am sure you could get an electrician in to fit a light up there.
However many Landlord insurance policies don't include accidentally damage if you put your foot through the ceiling.
If you have a 2 story HMO you don't want the tenants using the loft due to fire safety issues !
Some lofts are perfect for storage and some are low, damp and dangerous, full of hazards.

Exactly.  So you'd specify no access to the loft.

greatcrested

mrschaucer said:

dimbo61 said:

Wickes, B&Q and thousands of other companies sell loft hatches with loft ladders. They also sell loft boarding and I am sure you could get an electrician in to fit a light up there.
However many Landlord insurance policies don't include accidentally damage if you put your foot through the ceiling.
If you have a 2 story HMO you don't want the tenants using the loft due to fire safety issues !
Some lofts are perfect for storage and some are low, damp and dangerous, full of hazards.

Exactly.  So you'd specify no access to the loft.

This  /\ .

As I suggsted earlier it is possible the LL intended (only by asking the LL would you know his intent) to deny access to the loft, but in that case he should have done as dimbo61 says above.