spare room

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

  • spare room

    Hi, Need some advice. I have a student let that has 4 letting rooms. As I don't have an HMO at present I only let 3 rooms.The smallest room is used as a storeroom and I have said the tenants can use it to store cases etc. The tenants are on separate tenancies.
    They have now complained about the state of the room and say it is unusable
    They regard this as part of their tenancy and have told me that I can't lock it ( which I threatened to do ) Are they right? Thanks

  • #2
    What facilities are described on their tenancy agreements? Was this room available for storeage when the tenancies began and did you mention it's availability when showing or advertising the place?

    You do realise that the property may not need a HMO license but it still needs to comply with the HMO regulations? (because it is a HMO).

    Comment


    • #3
      No I didn't say it was available....I already had stuff stored in there...I just said they could put their cases in there. There is no mention on the lease of it being available for use. They already have 2 communal ares, kitchen and bathroom

      Comment


      • #4
        Then your only problem is (and this is the wrong word) established use. It is vaguley possible that a court would decide that as you have seen heir stuff there and not made them move it, you have in effect accepted that they have a right to use the area.

        That's only a vague possibility, how likely do you think it is that any of the tenants would actually do anything about it, especially if you write each of them a formal letter explaining that the only area demised to them is their own room? Use the word 'demised', being a legal term they will realise you have sought advice. Give them a certain number of days to clear the room and explain that if anything is not moved by that date then it will be moved to (say) the lounge. You can not lock their stuff in there.

        Out of interest, is it a local ruling that has compelled you to limit yourself to 3 tenants? The 'national' rule is anything taller than 2 floors AND with 5 or more tenants.

        Comment


        • #5
          The property is in Pontypridd near the Uni of Glamorgan. It is a 2 storey dwelling....I have been told 4 or more constitutes an HMO? As it will cost £500+ to get certificate I haven't bothered. House originally had 5 letting rooms...but I have knocked a wall down as the house is very small( as they all are in the area) and 3 seems to be a good number

          Comment


          • #6
            Originally posted by claire53 View Post
            The property is in Pontypridd near the Uni of Glamorgan. It is a 2 storey dwelling....I have been told 4 or more constitutes an HMO? As it will cost £500+ to get certificate I haven't bothered. House originally had 5 letting rooms...but I have knocked a wall down as the house is very small( as they all are in the area) and 3 seems to be a good number
            More than 4, not 4 or more. I can't find the legislation at the mo, but this may reassure you http://www.cardiff.gov.uk/content.as...%2C5082%2C4949

            Comment


            • #7
              spare room

              Hi...sorry still not clear on this one. I have 3 tenants on separate ast's.
              They now want total use of the small attic room which is used as storage and requesting that I move everything out of there.
              When the tenants moved in I said they could put their cases in there....but nothing else.
              I have said I will lock the door, but they are saying I can't , despite there being no mention on the agreement about use of room....who is right?

              Comment


              • #8
                Originally posted by claire53 View Post
                When the tenants moved in I said they could put their cases in there....but nothing else.
                who is right?
                They rented from you on the undersanding that the attic was ONLY to
                store suitcases, and nothing has changed, so stand your ground.

                "No mention on the agreement about use of room"
                Of course there is not, as it's a room to be rented out, as you have stated.
                "The smallest room is used as a storeroom".

                THEY don't dictate to YOU which rooms you give out for free.
                The smallest room you rent out is the attic room, and if they wish to use for
                more than that, they pay the going rate to "Rent it" from you.

                As it is / was a rentable room, and you are not renting it out, you are
                entitled to put a lock on it and remove the belongings.
                Your excuse, if you don't want confrontation, is to say its a room for rent,
                (which it is ) and is for that purpose only, and a lock WILL be placed on it.

                Once you give in, you cannot go backwards, as if only 1 or 2 leave, the
                other will WANT use of the room.

                R.a.M.

                Comment

                Latest Activity

                Collapse

                • Mouldy silicone wear and tear?
                  aciduzzo
                  Tenants are moving out today and i am doing the final inspection later; however, last time i was at the flat i noticed the bathroom was in a poor state.

                  What is the general opinion on black mould that has formed inside bathroom silicone? Is it considered wear and tear? Also, the seal...
                  03-07-2017, 08:07 AM
                • Reply to Mouldy silicone wear and tear?
                  mystic08
                  You might like to gift your new tenants some Kilrock mould cleaner which is magic in a bottle! Cheapest in the Pound shop or The Range but supermarkets sell it too. Works brilliantly on algae too. Garden pots, patios, headstones etc.
                  22-07-2017, 20:52 PM
                • Discussion - GDPR and implications on landlords
                  MrShed
                  I've just posted something on GDPR and then wondered whether it had been discussed on here before - a quick search implies its never been mentioned.

                  I thought I would raise a topic to discuss it and the implications on landlords.In effect this is a replacement of the Data Protection Act...
                  20-07-2017, 15:01 PM
                • Reply to Discussion - GDPR and implications on landlords
                  jjlandlord
                  That's the exemption that allows sending data outside of the EEA, which is the issue discussed.



                  No, because of that very exemption....
                  22-07-2017, 19:19 PM
                • Referencing question
                  kangoo1
                  A couple wants to rent from me, she is on maternity leave and will not be returning to her previous employment, he is permanently employed and moving due to a job transfer. I have referenced him for the full rent and his guarantor has been successfully referenced.
                  I am going to prepare the ast...
                  22-07-2017, 17:19 PM
                • Claiming for protected deposit
                  mandm
                  This is an interesting one, got me into a spin.
                  Tenants signed AST but decided to leave after 6 months and 3 days (problem with moving) using the break clause in the AST. I protected the deposit using DPS (Insured) and returned the deposit minus deductions when the moved out.
                  I served the...
                  21-07-2017, 08:00 AM
                • Reply to Claiming for protected deposit
                  JK0
                  I'll leave it at that. I'm not going to get into one of JPK's interminable arguments.
                  22-07-2017, 16:28 PM
                • Reply to Discussion - GDPR and implications on landlords
                  jpkeates
                  That's simply one of the Schedule 2 exemptions which, if met, allows a process using personal data at all - all the other principles still apply in parallel (where it can be stored, be not excessive, kept up to date etc).

                  So, while it might be OK because it relates to a contract, there...
                  22-07-2017, 15:22 PM
                • Excessive estate agent fees
                  Cml241
                  I have a property which I started renting out via an agency. When the contract started, they found new tenants, did the relevant checks etc and charged an upfront fee which equates to approx one month's rent. As one year has almost passed, the agent has approached me asking if I want them to 'renegotiate'...
                  21-07-2017, 16:26 PM
                • Reply to Excessive estate agent fees
                  mariner
                  A new 12 month fixed term does provide LL & T with extra security but can lead to complications for either if their resp circumstances/legislation change during the new AST.
                  Personally, I would prefer if a orig AST was for a fixed 6 month term, followed by an SPT that required both LL &...
                  22-07-2017, 14:09 PM
                Working...
                X