Tenant wants to use loft conversion (no building regs) as a bedroom - is this ok?

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    Tenant wants to use loft conversion (no building regs) as a bedroom - is this ok?

    Our 2 bedroom terraced rental property also has a loft conversion which was done many years ago. It has a fixed staircase but doesn't meet building regs. The tenant currently uses the space for storage, but now wants to use it as a bedroom. I have concerns from a few perspectives:

    1. Buildings insurance - would the use of this room as a bedroom invalidate our insurance given that it is officially a 2 bed house?
    2. Is it actually legal to use a loft conversion without building reg approval as a bedroom?
    3. The safety aspect of using this space as a bedroom

    The tenant has indicated that if they can't use this as a bedroom then they will need to move out. I can live with this as the house was marketed as a 2 bedroom and I would prefer to do the right thing legally and lose a tenant rather than compromise either my legal standing or the safety of the tenant, but clearly would prefer not to have to find new tenants.

    Can anyone advise please?

    #2
    Did loft conversion comply with Building Regs at time of completion?
    Loft conversion should not invalidate your Buildings Ins, but may increase Premium/restrict max payout if rebuild estimate is below
    actual

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      #3
      I don't know if it complied at time of building. There is no paperwork and it was done we think in the 80s. We only bought the house a few months ago.

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        #4
        Could o/p not just 'turn a blind eye' to bedroom use, as long as the house was only marketed as two bed plus loft storage? (Obviously you don't put anything in writing to say you give permission.)
        To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

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          #5
          Originally posted by notsurewhattodo View Post
          I don't know if it complied at time of building. There is no paperwork and it was done we think in the 80s. We only bought the house a few months ago.
          Did you buy it with tenant in place, if so when did he 1st move in??

          Unless the tenancy specifically restricts use of the conversion you can't prevent him from using it as he sees fit, except by s21 (if that applies).
          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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            #6
            Ask your insurance company for advice.
            Allow tenants to protect their own deposits. I want free money when they do it wrong

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