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'Landlord only' storage being added to rental property

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  • Cakeguts
    Cakeguts Posts: 7,627 Forumite
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    When you rent a house the house and the garden become yours for the length of the tenancy. There is no difference between you and someone who has bought the house. So what you have here is very like this. The previous owner of a house that you had bought had put into the contract that they were going to bring along a large shed and install it in YOUR garden.



    You do not have a good landlord. You have a rogue landlord who chooses not to stick to the rules on letting property.



    The house and the garden is yours to enjoy while you have a tenancy agreement. The landlord in not allowed to install a shed of any sort in your garden if you don't want him to. It doesn't matter what it says in the tenancy agreement if it isn't there at the start of the agreement it can't arrive later. Your landlord doesn't seem to understand either that if he puts the shed in your garden he can't access it either because he doesn't have permission to be in your garden. If he can't access it he can't put anything into it.



    You get to decide what you want to do in this situation. Your landlord doesn't have any rights.


    BAD landlords with this kind of attitude really annoy me and I am a landlord. I wouldn't dream of doing this to any of our tenants. The garden is yours he has no right to stop you from using all of it by putting a shed.
  • nnb
    nnb Posts: 127 Forumite
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    In your shoes, some things I'd be bearing in mind are:

    1) If he needs the storage and you've got the space then he's going to want to get his hands on it whether you're there or not. How long is your contract? How keen are you to stay there? How easily will he find another tenant?

    2) Having seen landlord storage in action, whether written in the contract or not, it can be an open door. In fact sometimes I've got the impression it's been deliberately written into the contract as an anticipated excuse to visit.

    3) I'd look into my insurance and I'd be worried about the safety risk. Storage units attract attention. I'd be playing this one up if I were you.

    4) Landlord storage on site will be a deal breaker for many. That's going to impact his rent. Would he consider a reduction?
    I often see a very good price rental lingering on the market in my area and I know to look for an attic, barn or garage that the landlord is reserving for himself. So many people immediately rule out a property when they see this. You could try mentioning this to him because it is going to impact future tenant demand. Does he really want that?

    Thanks for your post! :)

    1. As I mentioned, we're both looking for it to be long term. I've already been here a while. To be honest, if I'm not in technically I don't care if he goes into it. Obviously not my house though. I think it would get a lot of interest if he looked for a new tenant but once that massive thing goes in AND they can't use it, people will likely lose interest.

    2. There's no mention anywhere of landlord storage. If anything, it's all worded so it says he has no storage! He doesn't have to enter the house to access it so he doesn't get anything out of it in that sense.

    3. Yes, this is a huge worry for me. It screams 'come rob me' if people know what's in it (building stuff) which makes me wonder if it's an invite to rob my house too. I have also read that it may affect council tax? Like I can request he pay some of it if he's using my property too? I don't know how true that is? I'm also worried it might go UP if someone reports it and they decide it's business use?

    4. I actually have a really good deal on rent, he's charging me the bottom end of the scale for local houses - it's anything from what I pay up to £200-£300 more depending on exact location, condition etc! I'm getting a really good deal for what I get.
  • nnb
    nnb Posts: 127 Forumite
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    Cakeguts wrote: »
    When you rent a house the house and the garden become yours for the length of the tenancy. There is no difference between you and someone who has bought the house. So what you have here is very like this. The previous owner of a house that you had bought had put into the contract that they were going to bring along a large shed and install it in YOUR garden.

    You do not have a good landlord. You have a rogue landlord who chooses not to stick to the rules on letting property.

    The house and the garden is yours to enjoy while you have a tenancy agreement. The landlord in not allowed to install a shed of any sort in your garden if you don't want him to. It doesn't matter what it says in the tenancy agreement if it isn't there at the start of the agreement it can't arrive later. Your landlord doesn't seem to understand either that if he puts the shed in your garden he can't access it either because he doesn't have permission to be in your garden. If he can't access it he can't put anything into it.

    You get to decide what you want to do in this situation. Your landlord doesn't have any rights.

    BAD landlords with this kind of attitude really annoy me and I am a landlord. I wouldn't dream of doing this to any of our tenants. The garden is yours he has no right to stop you from using all of it by putting a shed.

    Cheers for your comments :) This really is the first time I have had any kind of issue at all in this property and if anything he's always gone the extra mile to make sure I am happy here. This is why I think he's just not realising what he's doing rather than purposely taking the mickey. I really really love living here so I don't want this to ruin it, I really want to find the best way to sort it without causing any arguments.
  • Cakeguts
    Cakeguts Posts: 7,627 Forumite
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    nnb wrote: »
    Cheers for your comments :) This really is the first time I have had any kind of issue at all in this property and if anything he's always gone the extra mile to make sure I am happy here. This is why I think he's just not realising what he's doing rather than purposely taking the mickey. I really really love living here so I don't want this to ruin it, I really want to find the best way to sort it without causing any arguments.


    He isn't going the extra mile now. He is trying to break the rules. If he doesn't realise what he is doing he shouldn't be a landlord. Do you have a gas safety certificate? Is your deposit protected?
  • CIS
    CIS Posts: 12,260 Forumite
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    It potentially causes issues for council tax for the landlord - if the tenancy agreement is not for the whole property then the issues confirmed in Goremsandu may well apply and the property would fall to be a council tax HMO in that case (I've seen cases where rooms inside are excluded but it should equally apply to the whole property)
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • nnb
    nnb Posts: 127 Forumite
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    CIS wrote: »
    It potentially causes issues for council tax for the landlord - if the tenancy agreement is not for the whole property then the issues confirmed in Goremsandu may well apply and the property would fall to be a council tax HMO in that case (I've seen cases where rooms inside are excluded but it should equally apply to the whole property)

    I did question tax a few posts ago. He doesn't have access to the house itself, just something in the garden. It's also for storage not occupation. Do you know if that would still mean he's partially liable or if it changes the price? I don't understand council tax at the best of times! Thanks :)
  • CIS
    CIS Posts: 12,260 Forumite
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    edited 9 July 2018 at 4:48PM
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    nnb wrote: »
    I did question tax a few posts ago. He doesn't have access to the house itself, just something in the garden. It's also for storage not occupation. Do you know if that would still mean he's partially liable or if it changes the price? I don't understand council tax at the best of times! Thanks :)

    Are you in England or Wales ?

    For the purposes of council tax an exclusion doesn't need to involve any occupancy, all that needs to happen is that part of the property is excluded from the tenancy - so that the person isn't renting the entire property.

    Where the whole property isn't rented then council tax wouldn't be apportioned, there is nothing in legislation for that, the whole council tax charge would pass to the landlord. The question however is whether or not it would meet the requirement of not renting the whole property where it is a shed that has been retained for use (also that it has been added to the property after the fact).

    To be honest - in over a decade of working in council tax it's one I've never come across. I've dealt with rooms inside but not part of the property outside - it would be an interesting argument to make.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • m0bov
    m0bov Posts: 2,524 Forumite
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    Q the early morning arrivals of self hire vans coming and going. I bet its rented out. Youll get randoms coming and going.
  • CIS
    CIS Posts: 12,260 Forumite
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    Just to add that although admittedly I have had a horrendous landlord privacy issue in the past, just in my experience I have found that 'giving' the landlord access to something in the garden doesn't mean it will stop there.

    For example, my last 3 rentals:

    1) I agreed to a vegetable plot in the far corner of a 5 acre garden. The landlord from hell used it to deliberately sit there and wait for me to leave the house, several times a week. Then he would let himself in. It was as bad as you might imagine. This is an extreme example but it wouldn't have happened if he hadn't arranged an excuse to be there.

    2) The contract specified that another landlord would himself maintain a hot tub on the back garden. He was a decent man but occasionally couldn't resist the temptation of letting himself into the house if I wasn't there. Just to check things while he's there.

    3) Same (but only a couple of times a year) with a third landlady who liked to prune her beloved shrubs herself. I carefully mentioned it once and she was 'just using the toilet because she was desperate' when she was outside in the garden.
    I bet this one happens to you with the storage shed. Just popped in to use the toilet.

    That's 3 out of 3 for me. I've been a landlord myself but I've now started to believe at least half of landlords can't resist the temptation if they're on the spot and see the opportunity.


    I think you're right - once a landlord starts there's often a slip in to even worse behaviour.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • Cakeguts
    Cakeguts Posts: 7,627 Forumite
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    CIS wrote: »
    I think you're right - once a landlord starts there's often a slip in to even worse behaviour.


    It is pretty obvious really as to why that might happen as in this case where the landlord doesn't think that the letting rules apply to him.
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