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Renting.. Not allowed in the loft!!

2

Comments

  • mangog
    mangog Posts: 145 Forumite
    Same here, my last three rentals have had the same clause. In the first house I got curious and looked - the loft was empty except for one very sad-looking blow up doll. A mature lady blow up doll. Grey hair, wrinkles, the works.

    I closed the hatch and never opened it again.
  • gingercordial
    gingercordial Posts: 1,681
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    xylophone wrote: »
    I suppose his name isn't Bluebeard?:eek:

    Or Mr Rochester? Watch out for those insane first wives locked up in the attic - they have a habit of creeping out and setting fire to the place.

    https://en.wikipedia.org/wiki/Bertha_Mason
  • westernpromise
    westernpromise Posts: 4,833 Forumite
    If Shergar, Lord Lucan and Mrs. Rochester are all in the same attic it had better be a bloody big attic. With a proper floor.
  • theartfullodger
    theartfullodger Posts: 14,456
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    As you rent only part of the place then the landlord is liable for the council tax.

    Ask him for what you have paid so far & instruct council it is landlord's responsibility from now on
  • ronan01
    ronan01 Posts: 9 Forumite
    edited 12 July 2018 at 12:31PM
    It's a personal choice. maybe he is keeping some personal stuff that he doesn't want others to look or maybe some maintenance issue. maybe Thanos lives there. You can just guess. :D
  • I had no access to loft, and cellar wasn't on inventory (although we could get into it).
  • foxy-stoat
    foxy-stoat Posts: 6,879
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    as you rent only part of the place then the landlord is liable for the council tax.

    Ask him for what you have paid so far & instruct council it is landlord's responsibility from now on

    lol..........
  • CIS
    CIS Posts: 12,260
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    On the basis of the decision confirmed in Goremsandu theartfullodger is correct if the tenant has the loft excluded from the tenancy (There's obviously a difference between agreeing 'we won't access the loft' and 'the loft is excluded from the tenancy'). The point, as it was made in Goremsandu, stated
    The Valuation Tribunal also considered that the fact that Mrs Goremsandu's furniture was kept locked in the conservatory meant that the tenants did not occupy the conservatory. That factual finding was not sufficient since the statutory test that had to be applied was concerned with whether the tenant was a "tenant of part only of the dwelling". The tenants remained tenants of the conservatory even if factually they were unable to use or readily gain access to the conservatory. The only items of furniture that the conservatory was storing were items that the tenants were paying rent for and since the terms of the tenancy had not been varied, they were in law entitled to call for the key at any time and, if they chose to do so, to exclude Mrs Goremsandu from the conservatory and also to exclude her furniture from that area so long as they stored or used the furniture in another location. They were, therefore, tenants of the whole dwelling that included the conservatory."


    If the situation is that the tenancy specifically excludes the loft from the tenancy to the point that the tenancy is not for the whole property then it would fall as a council tax HMO and the landlord would be liable.
    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.
  • westernpromise
    westernpromise Posts: 4,833 Forumite
    Is council tax due on a subdivision of a property that is not habitable?
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