To think we should be able to use this facility

[medusawashere]

We've just agreed to rent a flat in a really nice block and I'm looking forward to moving in. While waiting for the letting agent to arrive when viewing, I got chatting to a resident of the block who was coming in at the same time. The resident mentioned that the block has its own pool, gym and sauna.

That's obviously a massive selling point for us! My only question is whether a tenant would be allowed to use the facilities. My case for this is that the landlord will be paying a service charge to maintain the communal areas of the block and gardens, will have accounted for this in the rent charged and, thus, we would be "contributing" to the upkeep by proxy.

I've, of course, asked the letting agent but annoyingly, our contact is out of the office now until Monday/Tuesday.

In general (as Google wasn't much of a help), would a tenant renting a flat in a block where some own and some rent be allowed to use the communal gym? I'd like to prepare myself to be told no, as I don't want to be a bother to the residents or landlord :)

What do you think, mumsnet jury?

Yes

My dd is a tenant in a block like you describe, and she isn’t allowed to use those facilities.

I’d expect tenants to have the same access to those facilities as owner-occupiers.

Surely if you had use of them it would be included in the ad for flat? But then I don't know how they could stop you?

Depened in the block itself.
Some do, some dont.

I lived in a block like this and all residents were allowed to use the facilities regardless of whether they owned or rented. All properties were liable for a service charge which included the maintenance of the pool/gym etc (it was quite a lot of money) and as long as this was paid, either by the owner, tenant or landlord then all properties had the same entitlement to use them.

It may be that use of those facilities is at an extra cost (on top of the service charge) or there may be a prohibition on non-resident tenants (your landlord) allowing sub-tenants (you) to use the facilities. No-one on here can answer, depends on the lease documentation.

But then I don't know how they could stop you?

They usually some sort of door requiring a swipe card or pin code.

Of course you can use the facilities. Anyone living in those flats can use them. If they only built the facilities for the owner occupiers they would probably never get used.

Surely the facilities were mentioned in the listing for the property when you arranged a viewing? Weird that you didn’t find out until you spoke to another resident.

How the hell do randoms on the internet know.
It’s up the landlord not you to argue your point, it’s not your call.

DS is just about to move into a flat with a gym and pool, and he has the use of them as a tenant.

Of course you can use the facilities. Anyone living in those flats can use them. If they only built the facilities for the owner occupiers they would probably never get used.

You know this, how?

There is potentially an additional charge to use them op. No one can guess.

would a tenant renting a flat in a block where some own and some rent be allowed to use the communal gym?

Only if it's specified in the contract and agreed by the owner.

You could replace gym by underground parking - the fact that there is one allocated to your flat doesn't give you the right to use it if your landlord doesn't give you access in the first place.

The landlord might have very good reasons not to get his tenants involved with the gym, and if it wasn't advertised in the rental description, doesn't have to give you access.
Nothing stops you from asking nicely, but he is perfectly allowed to say no.

Fair enough! Thanks for the replies so far. We'll be private renting and vetted/referenced etc by the letting agent (that's all gone through today) so hopefully the facilities will be available to us.

The point about the terms of the lease is an interesting one, thanks for that. I didn't realise that this may differ from block to block. I think the block itself is an RTM, in that the freeholders manage the block and its upkeep themselves and don't go through a management company.

The letting agent has just been engaged to manage the rental of our specific flat.

I really don't think this is a question the intent can answer for you.

I should reiterate, we're happy either way and don't want to be a bother to the other residents or the landlord.

That's obviously a massive selling point for us!

it clearly isn't because you agreed to rent before even knowing that existed.

ThatMuppetShow - Yes, you make a good point. Apologies, I meant that it's even more reason to look forward to moving in (potentially, given that we can use the facility, of course).

Of course, it depends! Every place will be different.

But my guess is that, if it wasn't mentioned in the lease or marketing, you won't have access. I hope I'm wrong though.

Either way, we're really looking forward to moving in. I'm strangely excited, even though moving is stressful and I'd normally be experiencing all kinds of anxiety about this!

By all means, do ask (nicely)

Be prepared for a no, or for a fee, but it cost nothing to ask.

We'll ask nicely and happily accept whichever answer comes back. It'll be Mon/Tues before we find out. We move on Saturday next week.

It depends whether it is an additional cost to the service charge or not. There may be an option for you to pay it directly if it's not included.

While you need to check - generally speaking these things are included in the landlords service charge and therefore yes you can use it.

However on very big developments is may be that not all flats are paying the service charge towards the gym.