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Garage and loft access

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Author Topic: Garage and loft access  (Read 221 times)
Posts: 1

I like property

« on: May 07, 2021, 01:18:06 AM »

I was hoping someone could help me with an issue im having with a rental property.

I have recently moved into a house with a loft and shed. I called the estate agent and apparently I'm not allowed access to either of these (the pole to open and pull the ladder was left next to the loft but the shed is padlocked). The shed has a bike and bbq and several garden items and the loft has several personal belongings, clothes, old jigsaws, broken microwaves, Xmas decorations etc.

I've asked why I'm not allowed access to either and the estate agent referred me to this clause in the contract -
"Not to remove the Fixtures and Fittings of the Property or to store them in any way or place inside or outside
the Property (including any loft, cellar, garage or outbuilding) which could reasonably lead to damage to the
Fixtures and Fittings; or to the Fixtures and Fittings deteriorating more quickly than if they had remained in
the same location as at the beginning of the Tenancy"

The house is fully furnished (sofas, beds etc). I'm not really sure where I stand because I understand fixtures and fittings are items such as light fittings, bedside tables and things like that. But there are bags and bags of old clothes in the loft. I have completed the inventory already which didn't detail or even mention anything about the loft or shed. I have checked through the entire agreement and nothing is documented that it would exclude use of these.

Am I right in telling the estate agent that this will need to be removed or should it be left as it was?

Sorry if this makes no sense, im very stressed and tired!!

Many thanks
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Posts: 1225

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« Reply #1 on: May 07, 2021, 09:43:15 AM »

Unless you are planning to move the stuff that came with the place into the shed/loft,I don't see that you can be banned from using them for your own storage purposes.I am assuming this was the landlord's own home before you moved in,so they have been very lazy leaving all their old junk. If Covid caused problems with access to the tip or charity shops,they can't use that excuse now.If you have a garden you should be put your gardening tools and garden chairs in a shed.I would request that the padlock be removed,and use the loft freely.
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« Reply #2 on: May 07, 2021, 01:04:08 PM »

The clause quoted doesn't exclude portions of the property from the tenancy... nor does it try. It does try to say you can't move anything from where it is, to somewhere else, right?

Your beef is your of access to these areas you believe you are paying for. I agree with you on that front, but you then go on to ask if your next step should be to ask the Agent to have the things removed.

Those are different objectives. I mean, ideally, you want the items removed and access to the areas... I get it... I'm just pointing that out. Anyway, the clause doesn't exclude part of the property. However, for me, your biggest worry is much more that you're obviously dealing with a amateur Landlord here... those that try to call themselves "accidental"... but more likely have found a new partner and figured it's worth a punt moving in with them... it's not certain enough a relationship to go 'all-in'... so they keep their home... why not let it out, make a bit of cash, avoid Council Tax, but retain control? If their relationship goes tits-up, it'll be you out on your arse... it being fully furnished is another clue... the Landlord has just left all their old tat for you. Lucky you. They probably expect you to be grateful for their cast-offs.

You have exclusive possession of the entire property... unless specifically and categorically pointed-out to you (not as some kind of surprise clause) and agreed... i.e. you should have been told before the tenancy started. Not specifically including "Loft" or "Shed" on an Inventory doesn't mean they then magically don't exist...
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