Landlord using part of property (outside shed) as storage?

MovedHouseDidntReceive

Trying to work out where I stand on this one!

I'm renting a property and in the garden is a 3.2 sq meter shed/"cabin" with electricity hooked up to it. During the viewing I said "I'm looking to use this as an office space, that'd be great" to which the agent said "yeah, I think the previous tenant had a desk in there!" (this has since been corroborated by my new neighbour, who says this was definitely the case during lockdown - they did have a desk there). Now, this shed did clearly have some stuff in it, but I wasn't able to enter during the viewing so I could only peer in, and had assumed anything inside was the current tenant's (they'd not yet moved out when I viewed and their stuff was still in the main flat). Note also that when I submitted my offer to the estate agents I stated: "[I was] really surprised to find the shed outside with power hooked up to it - could easily set up a desk in there!" and offered way over the asking rent on that basis.

Anyway, on moving day I find the cabin about half full of half-disassembled furniture. I phoned the estate agents, having assumed the previous tenant had left this furniture, but was told that "This shed is full of the landlord's furniture, which cannot be moved. The shed could be used for your own storage on his units, but you can't use it as an office.".

I was a bit flustered and my reply was basically to say that I was disappointed and that the units are actually not in a state to be used to store any of my stuff as they're half-disassembled. But now I wanted to regroup and get some advice before I go back to them.

Just for further info, the Tenancy Agreement does not mention the cabin at all (neither to say it's part of the tenancy nor to say that it's only for storage). The garden in which it stands does form part of the tenancy though, and is not a shared garden or anything like that.

I think that's enough info! Basically I want to go back and demand that the furniture be removed - but I don't want to upset my new landlord so that he doesn't renew after the 12 months, especially if legally I'm not in the right?

Thoughts please forumites

user1977

If the tenancy agreement isn't qualified in any way then you're renting the whole property - the landlord shouldn't be occupying any of it. There's no unwritten legal implication that landlords can sneakily continue to occupy sheds.

MovedHouseDidntReceive

user1977 said:

If the tenancy agreement isn't qualified in any way then you're renting the whole property - the landlord shouldn't be occupying any of it. There's no unwritten legal implication that landlords can sneakily continue to occupy sheds.

Thanks - this matches my understanding to be honest! In my mind unless the TA said something to the tune of "the tenancy comprises the property at <address> and rear garden, with the exception of the large shed which is reserved for the landlord's storage", they can't just occupy it in any way. But yeah, wanted to check if that logic applied to sheds/outbuildings/gardens!

jj_43

perhaps the estate agent didn't talk to the landlord about it. I am sure if your mention the background about your intended use as an office all will be fine. If not ask when would they like to collect the storage. Not doing or asking for something on the basis of assumptions isn't a good way to approach things.

anselld

Do you really want to try to heat an outside shed to a useable office temperature over winter?

HampshireH

anselld said:

Do you really want to try to heat an outside shed to a useable office temperature over winter?

That's not really the point. The OP was told by the letting agent is was useable. They believed the rent reflected that and they may wish to use it now, in the summer or next year and not just in the winter months.

OP put in writing to your agent that at your viewing it was made clear to you the shed was included and could be used as an office space. Ask how they intend to put this right and cite your tenancy agreement with the info above.

It doesn't need to be aggressive or argumentative just factual and with your expectations set out clearly

anselld

HampshireH said:

anselld said:

Do you really want to try to heat an outside shed to a useable office temperature over winter?

That's not really the point.

I know.  The main point has already been answered and I dont disagree with the conclusions.  None the less it may not be worth making a fuss or ultimately falling out over a proposal which seems highly impractical under the current circumstances.

Soot2006

anselld said:

HampshireH said:

anselld said:

Do you really want to try to heat an outside shed to a useable office temperature over winter?

That's not really the point.

I know.  The main point has already been answered and I dont disagree with the conclusions.  None the less it may not be worth making a fuss or ultimately falling out over a proposal which seems highly impractical under the current circumstances.

In what way "highly impractical"? Surely it depends on individual circumstances. I have a little oscillating heater that packs a real punch and can heat such a small space very quickly and keep it comfortable. The cost of doing so is my choice and, for me, easily offset by not commuting on that day.  Others may choose to run a hot tub.

OP might well want to use it as an unheated location to do star jumps when it's raining instead. It's really up to them how they wish to use it, but the point is that the LL has prevented them from using it.

lookstraightahead

Maybe offer to allow the landlord to keep it there as a storage cost? It's your property can you imagine if you dumped your stuff in the landlord shed?
put in writing to the agent, and and ask them to confirm a copy has gone to the landlord. Do it nicely (not the way I've put it across 😂)

Grumpy_chap

HampshireH said:

OP put in writing to your agent that at your viewing it was made clear to you the shed was included and could be used as an office space. Ask how they intend to put this right and cite your tenancy agreement with the info above.

That might not be the best thing to do.  There may be restrictions on the outbuilding being used as an office (either down to type of construction and / or covenants).

It is not clear how large the shed is, what type of construction it is, or how much of the space is taken up by the LL's flatpack furniture.

It may be that the OP can screen off the LL's items and get enough space to use as an office and just doing so quietly will be the path of least resistance.  That may not be correct (as it seems clear the LL should not have any stuff in the shed) but may be the pragmatic way forward.

Does the LL have access to the shed without prior notice to the OP?
Does access to the shed require access through the garden which could easily be restricted (clasp and staple padlock)?

Jumblebumble

anselld said:

Do you really want to try to heat an outside shed to a useable office temperature over winter?

Why not ?
I had a summerhouse that I insulated to a high standard which was often used over winter
Obviously a cheap uninsulated shed will not be very useful