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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

Landlady wants access to loft during tenancy

131 replies

Jarstastic · 08/09/2020 22:47

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?

OP posts:

alexdgr8 · 08/09/2020 23:47

to say that the tenant may not use or have access to the loft is one thing. that was mentioned initially.
it is quite another to say after paying deposit that, oh by the way the landlord will be accessing the loft whenever they want, with 48 hrs notice.
totally unacceptable and bad dealing.

PickAChew · 08/09/2020 23:47

Surely "we need to access the shed that doesn't affect your privacy" is fine but "we need to go through your home to access the loft" is anything but.

springdale1 · 08/09/2020 23:47

If the landlord has specified in your tenancy agreement that the loft is excluded then you don’t have exclusive possession of the property. The landlord is therefore liable for council tax. The case is Goremsandu v London Borough of Harrow.

Landlords can write whatever they like about access in tenancy agreements. Tenants do not have to provide access, usually it’s shoddy letting agencies that write such clauses.

caringcarer · 08/09/2020 23:49

I let out 6 properties and have never heard of anything, like not having access to part of the house you are renting, before. On one property I let out the house but not the garage as I use that to store a long ladder used to clear drainpipes, spare paint, laminate and spare tiles for the property as sell as the washing machine, tumble dryer, fridge/freezer and dishwasher in the case the tenant has their own they want to use. If not they are put on the house for the use of the tenant. The garage is at end of property so in no way affects the tenant.

PyongyangKipperbang · 08/09/2020 23:51

@alexdgr8

to say that the tenant may not use or have access to the loft is one thing. that was mentioned initially. it is quite another to say after paying deposit that, oh by the way the landlord will be accessing the loft whenever they want, with 48 hrs notice. totally unacceptable and bad dealing.

This and

"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."

At no point was it said that they would demand access with 48 hours notice.

I would suggest OP that you highlight the Council Tax issue. I suspect that they will suggest ending the agreement before you do!

Zilla1 · 08/09/2020 23:52

It sounds like they've given you a negotiating position for that 6 month break Clause, OP, if you can live with the visit, otherwise a hard no with COVID infection risk prevention to add power to your quiet enjoyment.

Good luck.

PyongyangKipperbang · 08/09/2020 23:52

Actually, would a padlocked loft pass a fire safety inspection?

I suspect not.

OhCrapOhDear · 08/09/2020 23:52

Bet she’s growing weed up there.

But seriously, I’ve never heard of anything like this before. And I’ve rented a few properties!
And that is a shocking amount of rent! 😮

nevermorelenore · 08/09/2020 23:53

She could end up popping in once, she could end up spending hours up there twice a week, the thing is, you just don't know.

The fact that she's insisting on gardeners suggests to me that she's going to be controlling and a PITA. It sounds like a handy excuse for her to keep an eye on the place. I'd honestly be looking elsewhere because those sorts of LL are a nightmare.

DdraigGoch · 08/09/2020 23:53

What has been said about Council tax OP? I'd ask who will be liable for it and if the expectation is that you will be then use the legal issues therein as leverage.

Lucindainthesky · 08/09/2020 23:54

There's a big difference between a landlord retaining storage space but giving you quiet enjoyment, and one who wants access to their storage during the tenancy. That's totally unreasonable.

Hont1986 · 08/09/2020 23:59

I had this weird little attic/closet type room attached to my bedroom, that the landlord used for storage, in a studio flat I rented years ago. It had a broken bed frame, busted furniture, broken hoover, etc. Just full of junk that must have been left by previous tenants that the landlord would rather bung in the closet than arrange for a van to take down to the tip. He never requested access, though he could have.

PyongyangKipperbang · 08/09/2020 23:59

Anyone else wondering if this is either a) an inheritance that cant be sold yet or b) a LL moving in with their new OH and wanting their house to be kept as it is in case they want to move back in?

This is not a professional landlord, either way and for that reason I would be walking away.

Also, YY to it being and eyewatering amount of rent! One months rent is 6 months of my mortgage! Where the hell do you live and how much is the house you want to buy?!

Gancanny · 08/09/2020 23:59

As an FYI, under the Tenant Fees Act she cannot charge you for the gardener. If she wants to hire in a gardener then she would either need to incorporate the cost into the total rent or foot thr bill herself, she cannot send you a bill of £120pcm for a gardener.

DimidDavilby · 09/09/2020 00:00

The fact that she's insisting on gardeners suggests to me that she's going to be controlling and a PITA.

This.

Hont1986 · 09/09/2020 00:01

At no point was it said that they would demand access with 48 hours notice.

Wait till you find out how many hours notice they're offering for viewings at the end of the tenancy. And I bet they didn't mention that at the viewing either!

Pixxie7 · 09/09/2020 00:01

Surely anything in a tenancy agreed by both parties is legal?

GlassQueen · 09/09/2020 00:02

I rented out my house and left a few things in the loft, a couple of lamps and two boxes. The letting agent checked the contents of the boxes to ensure nothing was flammable or a risk to the tenants. I would ask what is being stored.

gobbynorthernbird · 09/09/2020 00:03

@Pixxie7

Surely anything in a tenancy agreed by both parties is legal?

Nope.

Queenfreak · 09/09/2020 00:05

Completely unreasonable!
I'm a LL, and have always assumed that while I have tenants in it's their flat. I would never dream of assuming I had to right to drop in whenever I pleased.
I'd be reconsidering this rental tbh

PyongyangKipperbang · 09/09/2020 00:05

@Pixxie7

Surely anything in a tenancy agreed by both parties is legal?

No. It doesnt over ride the law of the land. You can write anything into a contract, such as you and I signing an agreement that I can shoot you if you disagree with me on MN, but I would still be charged with murder if I did. Not that I would FYI!

gobbynorthernbird · 09/09/2020 00:05

I may not be remembering the case properly, but wasn't Goremsandu vs London Borough of Harrow to do with HMOs and what constituted one?

Sparklesocks · 09/09/2020 00:06

I don’t agree that landlords should use their rental property for storing items they want access to that aren’t for the tenant’s use (furniture etc). You either live in your property or you don’t, you don’t rent it out but use it as a storage locker.

Fundingconundrum · 09/09/2020 00:06

No access to the loft comes up quite a lot - but landlord accessing it - totally not on.

Gancanny · 09/09/2020 00:06

Surely anything in a tenancy agreed by both parties is legal

No because unscrupulous landlord plus desperate tenants is a recipe for all sorts of shenanigans to be written into a tenancy agreement with the understanding of "agree to it or I'll evict you".

That's why the law trumps the tenancy agreement.

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