Upper flat with historic attic conversion - no search results = ok to let out ???

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    Upper flat with historic attic conversion - no search results = ok to let out ???

    Hello. First time landlord here. Am very near completion on an upper Tyneside flat that has 1 bedroom in the attic (total of 2). The conversion looks very very old to me and there is little or no insulation. In order to let this out, is there any ything I need to do? I.e. the present regs do not apply do they? Obviously I will make sure all electrical and gas certs are in order and a fire door fitted, but apart from that?
    Cheers!

    #2
    If its legally classed as an inhabitable bedroom (which should be resolved as part of your purchasing process) I see no reason why not. Building regs dont retrospectively apply - if they did, half of the country would be uninhabitable
    Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

    Comment


      #3
      Thanks. I kind of thought that, but I just wondered (bit nervous... first time BtLer you see) if anyone else had had issues.
      Thanks again

      Comment


        #4
        The above is probably the correct theoretical position. However, just be aware of the practicalities - if the conversion has little insulation, it may drag your EPC rating down to below what it will be allowed to be to rent out as of next year (I presume you've seen the EPC, what rating is it?).

        Also, cost to assume (IMHO) that you will need to improve the insulation at some point in time. Regardless of the correct legal position, you dont want to put tenants in a position that they could even think about starting to claim disrepair, nor put them in a freezing room (knowing the area you talk about very well, I know how cold those flats can get even unextended over winter!).
        Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

        Comment


          #5
          Thanks MrShed. I hadn't considered EPC rating! However, I do plan to insulate at some point. I suppose I just thought it's been rented out for 20 years before me so it must be ok. There is a radiator up there.

          Comment


            #6
            It's probably fine. Just assume you will need to do it, and then you will have no surprises
            Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

            Comment


              #7
              You should check with local council for "insulation standards" before letting. Also with local estate agent on any local rules.

              Comment


                #8
                We had a discussion about a similar property in the north east recently. We decided against buying it to let because of the risk of someone being trapped in the loft room during a fire. Someone actually posted that they'd been in the situation as tenants but thankfully no one was in the loft room when dated electrics caused a major fire there. They said they'd never rent that kind of property again.

                Obviously, it's up to you, but you should at least consider the worst case scenario risks you might face...

                Comment


                  #9
                  Yes, awful if a fire occurred, but that could be in any old property. I'll make sure there is a fire door, and plenty of smoke alarms.- I'd do that regardless of regs.
                  There is no risk of fire coming up the side of an end gable wall so the escape route is safe, except that it is 25 feet off the floor. Hence I did think a rope ladder would be a safe thing to have, but that would scare a lot of people... think I'll leave it up to them to decide of they want one.

                  Comment


                    #10
                    Hi,I am in a similar situation. The attic in the house I am about to let out was converted 35 years ago, without building control or planning. Its fine but doesnt satisfy modern regs in terms of fire safety or head height. I am thinking about renting it out as a 2 bed with a large attic, and pointing out that the attic is not a habitable space, and only for storage. But I am sure, with stairs up to the attic, electricity, heating, etc, the tenant will use it as a third bedroom. Where does that leave me in terms of my liability and my insurance? I have put as much safety in as I can, in terms of smoke detectors on all floors (all connected), but it is not legal, and it would be very difficult to make it legal (for a number of reasons that I wont go into, including head height at the stairs, as well as fire safety). Any experts out there know what position that leaves me in??

                    Comment


                      #11
                      Col13,

                      Was it compliant back in 1983? If so then no issue.

                      I suppose its no different to renting a normal 2 bed to a couple and them occasionally having friends to sleep over. I think if you tell them that its for storage only, and maybe a sign to that effect on the stairs up to it, then you will have protected yourself.

                      Comment


                        #12
                        It was probably compliant in 1983, but the conversion was never applied for. So there are no planning approvals, and no building warrants. So the rules then are probably irrelevant. I would have to make it compliant now, even though it was done 40 years ago.

                        Comment

                        Latest Activity

                        Collapse

                        • Complain to Solicitor about Private Road?
                          Lilybilly
                          We purchased our property - number 7 of an estate of 7 new build houses two years ago. A year ago, going through the title plans of the purchase agreement, we noticed that the plan did not show our back garden as it is in reality. There was a large chunk missing.

                          After threatening our solicitor...
                          Title plan for land to east of number 7 has our front drive missing, and private road and visitor parking also not designated.
                          19-02-2019, 10:28 AM
                        • Reply to Complain to Solicitor about Private Road?
                          Lilybilly
                          Can anybody help?
                          19-02-2019, 16:05 PM
                        • Legal issue re Unadopted Road.
                          josswallace
                          I live in an unadopted road, its not a private road as thier is no owner,(Land Registry shows no owner and oppinion is original developer died with no heirs).

                          I understand that I am responsible for the upkeep/maitanence of half the width of the road for the length of my frontage. Approximately...
                          18-02-2019, 14:33 PM
                        • Reply to Legal issue re Unadopted Road.
                          Lawcruncher
                          There are three possibilities for a road:

                          · An adopted public highway
                          · An unadopted public highway
                          · A private road

                          In each ownership is irrelevant to the status of the road.

                          If a road is unadopted or private the frontagers (the owners of land adjoining...
                          18-02-2019, 18:08 PM
                        • Freehold Management Company
                          timothytaylor
                          Dear all,

                          In 2002 I purchased a large building which was split into 6 flats.

                          Each flat has their owns council tax, gas and electricity charge with one communal water meter to the building, and a single insurance bill.

                          As we all know tenanting has its ups and downs,...
                          18-02-2019, 11:22 AM
                        • Reply to Freehold Management Company
                          leaseholder64
                          RMCs have no specific legal status, so they could have unlimited liability. However I very much doubt anyone has ever gone that way.

                          As I think you need it to own the freehold, it will have to be registered, so making it limited liability, being the normal case, is likely to be easier....
                          18-02-2019, 16:50 PM
                        • Reply to Freehold Management Company
                          timothytaylor
                          I’m learning.

                          Residents management company? - would that have to be a limited company, as I have read some are, or is the limited status optional.?

                          I don’t doubt that it could be problematic, hence I am trying to do my homework – is there such thing as a gov.uk or rics...
                          18-02-2019, 15:30 PM
                        • Reply to Legal issue re Unadopted Road.
                          leaseholder64
                          The road is a private road, but probably owned by the Crown. If the developer was a person, that would only happen if the rules on succession were exhausted.

                          I think frontage also includes backage and sideage!

                          It is the owner that would have the legal right to cut the road...
                          18-02-2019, 14:46 PM
                        • Reply to Freehold Management Company
                          leaseholder64
                          The only way of having six people share the freehold is to form a residents' management company and make them members. The flats are then held under leasehold.

                          The lease and the company articles need to interlock to ensure that membership of the company follows ownership of the leasehold...
                          18-02-2019, 12:55 PM
                        • Reply to Freehold Management Company
                          timothytaylor
                          Sorry, leaseholder64

                          I am a mere novice.

                          I think what I should have said, and please correct me if I am wrong,

                          Six separate titles, six separate flats and shares in the freehold.? The intention being to ensure that all do have a fair voice, unlike some of the...
                          18-02-2019, 12:12 PM
                        Working...
                        X