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  • FIRST POST
    • ADaffodil184
    • By ADaffodil184 12th Jul 18, 10:40 AM
    • 8Posts
    • 1Thanks
    ADaffodil184
    Renting.. Not allowed in the loft!!
    • #1
    • 12th Jul 18, 10:40 AM
    Renting.. Not allowed in the loft!! 12th Jul 18 at 10:40 AM
    Hi!

    I'm just curious.. my AST states I'm not allowed into the loft of the property (it's a two storey house I rent with exclusive use).

    It says if I need access I need permission from LL in advance, or in an emergency must tell LL within 24 hours each time access to the loft is gained.

    Why would this be? I'm not going to go up there, I don't like ladders and don't have that much stuff that I need the storage, but the curiosity is getting to me!
Page 1
    • letitbe90
    • By letitbe90 12th Jul 18, 10:42 AM
    • 72 Posts
    • 77 Thanks
    letitbe90
    • #2
    • 12th Jul 18, 10:42 AM
    • #2
    • 12th Jul 18, 10:42 AM
    You don't have exclusive use, there is a paying lodger in there who doesn't like to be disturbed.
    • westernpromise
    • By westernpromise 12th Jul 18, 10:43 AM
    • 4,115 Posts
    • 5,352 Thanks
    westernpromise
    • #3
    • 12th Jul 18, 10:43 AM
    • #3
    • 12th Jul 18, 10:43 AM
    Probably there is no proper flooring, just joists. If you were routinely allowed in and put your foot through the ceiling you would then disclaim blame / repair cost liability, on the grounds that the landlord hadn't provided a proper floor.

    So he either pays for a floor and lets you in the loft (why?) or he says don't go in the loft. Then if you do and you put your foot through the ceiling, it's clearly on you because you weren't supposed to be there anyway.

    Probably something as mundane as that :-)

    Of course he could have Shergar or Lord Lucan up there. Do you ever hear neighing? If so, it's not Lord Lucan.
    Buying a house, if you believe the market has a way to fall, or if you are paying sill asking prices ( like some sheeple ) or if you are buying in London, is now a massive financial gamble!!!!! - June 8, 2012 by TheCountOfNowhere
    • ADaffodil184
    • By ADaffodil184 12th Jul 18, 10:47 AM
    • 8 Posts
    • 1 Thanks
    ADaffodil184
    • #4
    • 12th Jul 18, 10:47 AM
    • #4
    • 12th Jul 18, 10:47 AM
    Haha Thank you both! If there is someone up there then they are very quiet..!

    I imagine it is to do with the flooring - hadn't thought of that! I might ask him out of curiosity when he's in the area..!
    • NaughtiusMaximus
    • By NaughtiusMaximus 12th Jul 18, 10:49 AM
    • 800 Posts
    • 1,920 Thanks
    NaughtiusMaximus
    • #5
    • 12th Jul 18, 10:49 AM
    • #5
    • 12th Jul 18, 10:49 AM
    Maybe the landlord's using the loft for storage......
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    .......of his victims.
    • xylophone
    • By xylophone 12th Jul 18, 10:55 AM
    • 25,769 Posts
    • 15,225 Thanks
    xylophone
    • #6
    • 12th Jul 18, 10:55 AM
    • #6
    • 12th Jul 18, 10:55 AM
    I suppose his name isn't Bluebeard?
    • ADaffodil184
    • By ADaffodil184 12th Jul 18, 10:59 AM
    • 8 Posts
    • 1 Thanks
    ADaffodil184
    • #7
    • 12th Jul 18, 10:59 AM
    • #7
    • 12th Jul 18, 10:59 AM
    Oh God Xylophone don't say that!!!

    Naughtius wouldn't it have to say that in the agreement though?
    • LandyAndy
    • By LandyAndy 12th Jul 18, 11:02 AM
    • 24,352 Posts
    • 51,457 Thanks
    LandyAndy
    • #8
    • 12th Jul 18, 11:02 AM
    • #8
    • 12th Jul 18, 11:02 AM
    I rented a place with that stipulation too. The loft access was locked anyway.
    • ADaffodil184
    • By ADaffodil184 12th Jul 18, 11:05 AM
    • 8 Posts
    • 1 Thanks
    ADaffodil184
    • #9
    • 12th Jul 18, 11:05 AM
    • #9
    • 12th Jul 18, 11:05 AM
    Hmm.. I'm just too curious! The hatch isn't locked, were it not for my fear of ladders I might have just stuck my head in there (but maybe it's got a silent alarm..!??)
    • foxy-stoat
    • By foxy-stoat 12th Jul 18, 11:22 AM
    • 2,202 Posts
    • 1,190 Thanks
    foxy-stoat
    I did the same when I rented out my house a few years ago - I had a few boxes of storage up there.

    Probably to do with lack of flooring though.
    • Keep pedalling
    • By Keep pedalling 12th Jul 18, 11:55 AM
    • 5,203 Posts
    • 5,809 Thanks
    Keep pedalling
    Does it belong to Norman Bates?
    • mangog
    • By mangog 12th Jul 18, 12:23 PM
    • 64 Posts
    • 84 Thanks
    mangog
    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
    • By gingercordial 12th Jul 18, 12:33 PM
    • 1,171 Posts
    • 1,215 Thanks
    gingercordial
    I suppose his name isn't Bluebeard?
    Originally posted by xylophone
    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
    • By westernpromise 12th Jul 18, 12:44 PM
    • 4,115 Posts
    • 5,352 Thanks
    westernpromise
    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.
    Buying a house, if you believe the market has a way to fall, or if you are paying sill asking prices ( like some sheeple ) or if you are buying in London, is now a massive financial gamble!!!!! - June 8, 2012 by TheCountOfNowhere
    • theartfullodger
    • By theartfullodger 12th Jul 18, 12:51 PM
    • 9,621 Posts
    • 12,954 Thanks
    theartfullodger
    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
    • By ronan01 12th Jul 18, 1:24 PM
    • 9 Posts
    • 1 Thanks
    ronan01
    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.
    Last edited by ronan01; 12-07-2018 at 1:31 PM.
    • Crashy Time
    • By Crashy Time 12th Jul 18, 1:46 PM
    • 6,263 Posts
    • 2,381 Thanks
    Crashy Time
    https://www.bing.com/videos/search?q=Black+Christmas+trailer&PC=IPGTDF&QS=n&ru =%2fsearch%3fq%3dBlack%2520Christmas%2520trailer%2 6FORM%3dIPGTLB%26PC%3dIPGTDF%26QS%3dn&view=detail& mmscn=vwrc&mid=5012CA49B9D7223CC6725012CA49B9D7223 CC672&FORM=WRVORC
    • lookstraightahead
    • By lookstraightahead 12th Jul 18, 4:08 PM
    • 290 Posts
    • 293 Thanks
    lookstraightahead
    I had no access to loft, and cellar wasn't on inventory (although we could get into it).
    • foxy-stoat
    • By foxy-stoat 12th Jul 18, 5:25 PM
    • 2,202 Posts
    • 1,190 Thanks
    foxy-stoat
    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
    Originally posted by theartfullodger
    lol..........
    • CIS
    • By CIS 12th Jul 18, 5:46 PM
    • 10,570 Posts
    • 6,106 Thanks
    CIS
    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 self employed Council Tax specialist. My views are my own reading of the law and you should always check with the local authority in question.
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