Landlady wants access to loft during tenancy

[Jarstastic]

Moving into rental to break a chain. Committing to 12 month rental (agent refused a 6-month break clause saying against their terms and conditions).

Whilst viewing the house, the agent mentioned that half the double shed and the padlocked loft would not be included in the rental. Not ideal but not unacceptable to us.

We paid the holding deposit and references all done.

Agent has now come saying will be in the tenancy agreement the landlady to have access to both the shed and the loft during the tenancy, giving 48 hours notice.

AIBU that the loft isn’t on and if the landlady wants access to storage she should be paying Big Yellow Storage or similar rather than have someone pay her £2,500pcm (plus the £120pcm she wants to have gardeners) to provide access to her things?

Or is this not that unusual?

Completely out of order. Remind the agent that you're entitled, by law, to quiet enjoyment of the home you're paying for

Quiet enjoyment.

This infringes on that. No way, jose.

Very irregular and I don't think enforcable even if it was in the contract. I wouldn't go for it.

To add to previous comment, a clause in a tenancy agreement doesn't override the legal position.

YANBU

as PP said you’re entitled to quiet enjoyment of the property, the only time they can insist on access is in an emergency like a flood or gas leak.

You're legally entitled to quiet enjoyment regardless if the contract. Remind the letting agent if this.
Not acceptable

YANBU. How badly do you need this place?

Also, can they actually enforce this even if it's in the tenancy agreement or does right to quiet enjoyment trump tenancy agreement?

I ask because lots of tenancy agreements say LL has right to visit property but apparently the law on quiet enjoyment trumps this and it can't be enforced?

Nah, fuck that. She wants all the goodies that go with letting the place out, the money, and to still eat her cake.

Yanbu. That, plus the 12 months when you wanted 6... hmmm, yes, how much do you really want this place?

I'd be telling them to jog on, she could be there every week !

If it is in the tenancy agreement then it's perfectly legal. But bear in mind that as you aren't renting the entire property the LL is liable to pay the council tax, not you.

She COULD be there every week, but honestly, how often do people go in their own loft at the house they are living in? Chances are she won't use it.

Have a check there aren't any plants growing there though, it could play he'll with your electric bill, before you even get on to the legal ramifications.

Also look into the implications of council tax. If the LL is not renting the whole property to you, they become liable for the payment, not the tenant. I'm not sure if that would apply to excluding the loft, or if that is a grey area - but worth a bit of research I would think...

No fucking way.
At £2620pcm you’re possibly not at the bottom end of the market in your area? Go elsewhere.

Absolutely no way. As someone else pointed out, she could be in there every week. And they’re right. Or every Saturday morning, or when you’re not home, or send gardeners up to the loft, or who the hell knows. Totally not on. You’re entitled to quiet enjoyment and this completely infringes on that.

And I think it’s complete and total shite that they didn’t tell you before you paid holding deposit and did references because they KNOW no one in their right mind would agree. I would be getting very shirty with them and demanding my deposit money back because you were not informed of all the conditions of the property when you put in the deposit, especially one that breaks a term of any lease (quiet enjoyment).

I believe this is legal

Lots of people insisting that this is totally illegal, I wonder how many of them are property lawyers.

It is not particularly unusual for a landlord to reserve some storage space. You were told about this at the viewing, and still proceeded. Now you seem surprised that the landlord might want to actually access her storage?

@seayork2020

I believe this is legal

You believe wrong

You were told about this at the viewing, and still proceeded. Now you seem surprised that the landlord might want to actually access her storage?

Re-read the OP. They were not told this until AFTER they had paid the deposit and references. They would not have taken this property had they been told this at viewing. On that basis, it is not legal.

'If it is in the tenancy agreement then it's perfectly legal.'

😂 Don't be daft.

In my tenancy agreement I'm not allowed access to the loft.

@PyongyangKipperbang

You were told about this at the viewing, and still proceeded. Now you seem surprised that the landlord might want to actually access her storage?

Re-read the OP. They were not told this until AFTER they had paid the deposit and references. They would not have taken this property had they been told this at viewing. On that basis, it is not legal.

"Whilst viewing the house, the agent mentioned that half the double shed and the padlocked loft would not be included in the rental. Not ideal but not unacceptable to us."

It's not unknown for people do this to retain a degree of control and oversight of the property. They are certainly charging plenty and coupled with that, the demand for unlimited access seems cheeky. I would say unreasonable.

They are probably not going to want to lose good money and good tenants, having completed the references etc so this would be your opportunity to negotiate a quid pro quo, including the 6 -month break clause you wanted and put some limits to your lady's loft access, e.g. once every three or six months, subject to notice - also don't forget to include the shed. Otherwise you will walk away.
Incidentally, do you know whether she is using it for business storage that would require frequent access, maybe daily, which would be totally intolerable? I would also ask the agent for a copy of their terms and conditions. Are they available online by any chance?

This isn’t actually that unusual. In many properties I’ve come across an “owner’s locker” (locked cupboard such as under the stairs) or heard of loft access being prohibited.

You were made aware when viewing that you’d not have access to the loft or part of the shed but presumably thought the owner wouldn’t want to visit or have access to her belongings at any point?

It’s not illegal. I’d be ok with this tbh with clear 48 hrs notice. Hopefully the visits will not be too regular and she will be reasonable.

“It is not particularly unusual for a landlord to reserve some storage space. You were told about this at the viewing, and still proceeded. Now you seem surprised that the landlord might want to actually access her storage?”

At no point did they mention she would want access to the loft during the tenancy! We assumed health and safety reasons eg unboarded loft or long term storage (years ago I was in a rental where the landlady lived overseas).

The agents obviously don’t think they mentioned it to us either as they’ve only now, two weeks later, sent an email highlighting various clauses that will be in the tenancy agreement and wanted to highlight to us in advance.